BCCPD Community Update: Changes To Canada Pension Plan Tribunal Appeal Process

We’ve updated our on-line guide, the Social Security Tribunal, to reflect the changes outlined below. The guide can be found at: http://tinyurl.com/lym6spl

Notice of Readiness Eliminated

Because of an appeal backlog, the Social Security Tribunal (SST) has made changes to the way it processes appeals. As it may take up to 18 months to clear its backlog, the SST has eliminated the need for appellants to provide a Notice of Readiness within 365 days of filing an appeal. Instead, appellants can now provide additional information up to 30 days before any hearing date.

Hearing Information Form (HIF) Added

When the SST notifies the parties that it is ready to proceed with an appeal it will also ask them to complete a Hearing Information Form (HIF). The HIF asks parties to indicate if they have a representative, any witnesses, and whether they require a translator. It also asks the parties to indicate what type of hearing they would not participate in. The choices are: a) Written questions and answers (Hearing based on the written record); (b) Videoconference (at a Service Canada Centre); (c) Teleconference (by telephone); (d) Personal appearance of the parties (at a Service Canada Centre).

The SST will also ask the parties to provide dates when they may be unavailable for a hearing and which days of the week and times of day they would prefer a hearing to be scheduled.

Photo ID Required

Service Canada requires appellants to show photo ID before they are allowed to enter a Canada Pension Plan Disability (CPPD) hearing room.

Translation

Initially there was some uncertainty about whether the SST will provide translation services; however, SST’s website and HIF both indicate a translator will be provided if needed.

Legal Update

In a recent appeal decision L. L. v. Minister of Human Resources and Skills Development and A. C., 2013 SSTAD 12, the SST Appeals Division wrote:

[15]      To ensure fairness, the Appeal will be examined based on the Appellant’s legitimate expectations at the time of the original filing of the Application for Leave to Appeal with the PAB. For this reason, the Appeal determination will be made on the basis of an appeal de novo in accordance with subsection 84(1) of the Canada Pension Plan, R.S.C. 1985, c. C-8 (CPP or Plan) as it read immediately before April 1, 2013.

This decision is important for individuals who filed their appeal with the previous Review Tribunal before April 1, 2013. Under the previous legislation appellants had an automatic right to an in-person oral hearing before the Tribunal panel. If an appeal was filed before April 1, 2013 it could be argued that the reasoning in this decision be applied and that appellants can ask that their appeal be heard at an in-person oral hearing in accordance with the legislation in place when they filed their appeal. If appellants do not want an in-person oral hearing, they can also ask for a hearing based on the written record, by phone, or teleconference. Here’s a link to this decision on the Canadian Legal Information Institute’s (CanLII) website: http://tinyurl.com/pqv5sjc

Other News

The Ministry responsible for administering the Canada Pension Plan has had a name change. Formerly known as Human Resources and Skills Development Canada (HRSDC) the Ministry is now called Employment and Social Development Canada (ESDC).

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If you have any questions about the information in this Community Update, please call Peter Beaudin or Ashley Silcock at 604-872-1278 or toll-free at 1-800-663-1278.

P.S. Have you signed up for Our Voice, our monthly e-newsletter? If you would like to receive it please go to this link: http://www.bccpd.bc.ca/ And don’t forget to “like” us on Facebook and follow us on Twitter. Thank you.

New BCCPD Publication: The Social Security Tribunal

In April 2013, the process to appeal the denial of Canada Pension Plan Disability (CPP-D) changed when a new system, the Social Security Tribunal (SST), replaced the Review Tribunal. We have prepared a new guide, The Social Security Tribunal, to help people who are representing themselves to the SST. Advocates may also find our new guide useful in helping their clients.

For the time-being, the guide will be available on-line only. The SST is very new and advocates are still learning how the new system operates. We will make changes to the guide as necessary.

Our sincere thanks to the Law Foundation of Ontario for funding this guide.

logo of Law Fnd. of Ontario

 

Increasing Accessibility for People with Disabilities Consultations- BC Poverty Reduction Coalition

Information from the BC Poverty Reduction Coalition:

Not even a full month into the new year, and we already have important news for you! The BC government has launched a consultation process on the challenges people with disabilities face. Please take a moment to participate online, in writing or in person at one of the community meetings around the province.

These consultations were an election promise, so it’s good to see politicians following through and listening to people throughout BC. We are joining with the BC Coalition of People with Disabilities (BCCPD) and the Disability Rights group of BC ACORN (and many others) to tell the government that the disability rates need to be increased immediately! Please help to ensure that this critical message is heard by our elected leaders.

Thanks, Trish & Gill

BC Government Disability Consultation

BC’s provincial government recently announced that they will host the Increasing Accessibility for People with Disabilities Consultations (http://engage.gov.bc.ca/disabilitywhitepaper/), a series of public sessions to hear from communities about the challenges people with disabilities face, in preparation for issuing a “white paper,” a report that will serve as the basis for a provincial summit on the issue later in the year.

Please join us in calling for a raise of PWD benefits to $1200 and establishing a shelter allowance like the seniors SAFER program.

For more information, check out the report “Overdue: The case for increasing the Person with Disabilities (PWD) Benefit in BC” (http://www.bccpd.bc.ca/dwpnetwork.htm) that the BCCPD published in partnership with SPARC BC, Community Legal Assistance Society (CLAS), Inclusion BC and Canada Mental Health Association (BC Division).

BC’s current disability benefit rate of $906/month (in red on the graph below) is completely inadequate and falls short of all poverty measures, including the most stringent possible. In comparison, Alberta’s PWD rate is now $1588.

Please also join us in calling for an end to the clawback of child support payments from PWD benefits.

Again, we’re partnering with the BCCPD and BC ACORN on this issue, as well as First Call, WestCoast LEAF, and CLAS (see their letter to government: http://tinyurl.com/lxxovjd). Currently, child support is taken off dollar for dollar from the income assistance benefit. The provincial government is depriving children of their right to child support by taking that money away from children who live in lone-parent families on assistance – some of the most vulnerable children in the province.

You can make your voice heard by submitting your comments online or by mail, or attend one of the community consultations running until February 26, 2014. Please check this list of dates and venues to find the one closest to you: https://engage.gov.bc.ca/disabilitywhitepaper/