Appealing an Employment Insurance Denial to the Social Security Tribunal
People who apply for Employment Insurance (E.I.) and are denied on both the first application and on the reconsideration request may appeal that denial. The appeal at this stage goes to the Social Security Tribunal (SST).
Timeline and Manner of Filing Appeal
An appeal to the SST General Division must be made within 30 days from the time you receive your reconsideration decision.
Appeals may be made to the SST by completing the Notice of Appeal form. Include any documents that could support your appeal, such as:
- pay stubs
- record(s) of employment
- collective agreement
- employment contract
- medical report
- specialist’s report
- bank statements
- proof of residence
- other court or tribunal decisions or settlement agreements
A copy of the completed Notice of Appeal form and copies of any supporting documents can be sent by email, fax or mail. Remember to keep your original documents.
Email: info.sst-tss@canada.gc.ca
Fax: 1-855-814-4117 (toll-free in Canada and the United States) or 1-613-941-5121 (long distance charges may apply)
Mail:
Social Security Tribunal of Canada
PO Box 9812
Station T
Ottawa, ON K1G 6S3
Late appeals may not be accepted. A late appeal should be filed as soon as possible, with an explanation as to:
- The reason your appeal is late
- Why allowing the late appeal would not be unfair to the other party
- The steps you took that show that you were always planning to appeal
- The arguments you have to support your appeal and show that it has a chance of success
A Tribunal member cannot allow your appeal to proceed if more than 12 months have passed.
Hearing Process
The SST appeal proceeds by way of a hearing. A hearing may take one of the following forms:
- By videoconference from your personal computer or mobile device (Connect to the videoconference from a location convenient to you such as your home or your representative’s office. This option requires a high-speed internet connection.)
- By videoconference at a Service Canada Centre (You will travel to a Service Canada Centre near you and participate using their videoconference system. The General Division member will join from a different location.)
- By phone (Call from a location convenient to you such as your home or your representative’s office.)
- In person (Your hearing will take place at a Service Canada Centre near you. The Tribunal member will be in the same room as you.)
- In writing (The General Division member will make their decision based on the written arguments and supporting documents that the parties (including you) send in.)
A claimant may request a particular method of hearing. If a claimant has language, mobility, or disability-based accommodation needs, it is important to mention this to SST at the time of filing the appeal.
Regardless of the form that the hearing takes, the claimant will provide relevant evidence, documents, and arguments as to why their appeal should be successful. The vast majority of claimants presently are self-represented in the hearing process.
Timeline for a Hearing and Decision
Under the SST’s service standard, final decisions are made within 45 days from filing of appeal (currently 80% of the time) and made within 15 days of the hearing (currently 80% of the time).
Help from the SST
The SST offers a navigator service to support people who don’t have a lawyer or other professional representative. Navigators are specialized staff with in-depth knowledge of the appeal process.
You can contact the SST’s Contact centre for general information about the appeal process or to ask specific questions about your appeal if you don’t have a navigator.
The above is legal information and not legal advice. If you need further information or need legal advice, please call our Intake Line at 416-441-1764 ext. 1 or complete our online Intake Form.