OAS/GIS General Division: When to appeal by
You have 90 days to appeal after you receive the reconsideration decision from Service Canada.
Service Canada will send you its reconsideration decision in writing.
If your appeal is late
If you appeal after the 90-day deadline, we may not accept your appeal. If your appeal is late, explain why on your Notice of Appeal form.
- why your appeal is late
- why you think your appeal has a reasonable chance of success
- what steps you took that show you were always planning to appeal
- why allowing your late appeal would still be fair to Service Canada or another party
You can send us documents to support your explanation. For example, if you were sick, send us a copy of your doctor’s report.
A Social Security Tribunal (SST) member will look at your explanation and decide whether to allow your appeal to go to the next step. A member is the decision-maker in an appeal.
The law says a member can’t allow your appeal to go to the next step if you received your Service Canada reconsideration decision 12 or more months ago. Members have to follow what the law says.
If a member says your appeal can’t go to the next step because it’s late, we’ll close your appeal file. Service Canada’s reconsideration decision will remain valid.
You can appeal the member’s decision to close your file because it’s late.
After you receive the member’s decision, you have 90 days to send us your Application to the Appeal Division – Income Security to appeal that decision.
This is called “appealing to the Appeal Division,” and it’s the second level in the appeal process at the SST.