Social Security Tribunal of Canada

OAS/GIS General Division: What happens after you appeal

2 – We let Employment and Social Development Canada (ESDC) know you’re appealing

We’ll let ESDC know you’re appealing its reconsideration decision. ESDC is a party in the appeal. Service Canada sent you the reconsideration decision on behalf of ESDC.

We’ll ask ESDC for the documents it has about your file.

ESDC has 20 business days to send us those documents.

3 – We make sure you and Employment and Social Development Canada (ESDC) have all the documents

We’ll make sure you and ESDC have the same information, including the documents you send us. This means we’ll send you or your representative a copy of the documents ESDC sends us, and we’ll send ESDC a copy of the documents you send us.

If the Social Security Tribunal (SST) member’s decision could directly affect someone else, the member may add them as a party to your appeal. They would be called an “added party”. We’ll send them the same information too.

You can send us documents with your Notice of Appeal form. If you get new information or find other documents that you feel might support your appeal, you can also send them to us later.

We’ll number each document. An appeal file can contain many documents. Numbering helps keep track of them. Each document number starts with the letters “GD”.

We’ll number the documents “GD1”, “GD2”, and so on. We’ll add the document number and the page number to the bottom of each page. For example, this is page 1 of the second document in an appeal file:

page 1 of the second document in an appeal file

If you need to refer to a specific page, you can mention the GD number at the bottom of the page so everyone knows where the information is. 

4 – Get ready

Send us documents and submissions (arguments)

Your appeal will go to the next step after you and ESDC send us your documents and submissions or tell us you don’t have any more to send us. We encourage you to send them to us as soon as possible so you can get your decision quickly.

You may have already included your submissions and supporting documents with your Notice of Appeal form, but you may want to send more.

You have a maximum of 1 year to send us your supporting documents and submissions once we receive your complete Notice of Appeal form. The letter we sent you to confirm we received your appeal tells you the deadline. ESDC also has a maximum of 1 year to send us their documents and submissions.

Submissions are the arguments in a case. They express your point of view about why the SST should agree with what you want to happen. You then use evidence (for example, a utility bill in your name) to support your arguments. Evidence is used to help prove a fact. Submissions are you telling the SST how you want the SST member to interpret the evidence. You can use supporting documents or someone’s testimony as evidence. Testimony is oral evidence at the hearing.

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5 – Tell us you’re ready

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Once you’ve sent us all your documents and submissions and you know you’re ready to have a hearing, you can do 1 of 2 things:

  • Fill out and send us the Notice of Readiness form if we sent you one
  • Tell us over the phone or in writing that you’re ready for a hearing

When you tell us you’re ready to have a hearing, we’ll tell ESDC and ask whether it’s ready too.

Let us know if you want other people at your hearing

You might want other people at your hearing, such as a witness or a support person. Let us know if you do.

6 – We assign your appeal to a member and schedule your hearing

We’ll assign your appeal to an SST member once all parties are ready for a hearing or after the 1 year is up. 

We’ll send you a Notice of Hearing in writing.

If you have a representative, they’ll get it too.

A Notice of Hearing gives you details about your hearing. For example, it says the type of hearing and when and where the hearing is. We’ll do our best to give you the type of hearing you want. Learn more about the different types of hearing and how to prepare for yours.

The member will make a decision after your hearing.

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