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How do I start an appeal?
After you have been advised that your financial benefits have been denied, changed or cancelled and of your right to appeal that decision, obtain and fill out a
Notice of Appeal Form and file it with the office handling your case or with the Appeals Secretariat. Notice of Appeal Forms are
also available from the Appeals Secretariat, or through your nearest
office of
Alberta
Employment and Immigration or Alberta
Seniors and Community Supports.
Remember that in the cases of
Income
Support,
Assured Income for the
Severely Handicapped and Widows' Pension, you must file the Notice of Appeal within 30 days from when you receive notice of the department's decision and are advised of your right to appeal.
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How can I get help with filling out the form?
If you are not sure how to fill out your Notice of Appeal Form, contact the Appeals Secretariat.
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What happens after I file an appeal?
An Administrative Review completed by the department supervisor is the next step in the appeal process. The Administrative Review allows the supervisor to review the original decision of your caseworker to determine if the matter can be resolved. If the matter is resolved, there will be no need to proceed to an
Appeal Hearing. If the matter hasn't been resolved, your Notice of Appeal is forwarded to the Appeals Secretariat and a hearing date is scheduled with the Appeal Panel in your area.
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What is the length of the appeal process?
Appeal hearings are scheduled as soon as possible on the next available hearing date with an Appeal Panel in your area. Time frames vary depending on the program under which your appeal is filed. Specific information regarding this can be obtained by
contacting the Appeals Secretariat.
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How can I find out the status of my appeal?
You will be advised of the Appeal Panel's decision in writing. Normally the decision is sent out by mail within five days of your appeal date. Arrangements may be made at the time of your hearing to obtain your decision sooner where there is an emergency.
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Where do the hearings take place?
Appeal hearings take place in a Government of Alberta office in locations where an Alberta Employment and
Immigration Office
exists. For example, if you live in the
Boyle, Alberta area, your appeal would be held in
Athabasca.
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What type of hearing can I have?
In-person appeals are recommended. They include yourself, the department representative and the Appeal Panel. If you are unable to attend in person, arrangements may be made for you to participate by telephone-conference on the scheduled date and time.
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If I cannot make it to my hearing, what should I do?
If you are not able to attend your hearing, contact the Appeals Secretariat or your caseworker as soon as possible or at least
24 hours before your hearing. Your hearing will be rescheduled to another day and time.
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Will the hearing be recorded?
Appeal hearings are not recorded. The Appeal Panel's written decision serves as a formal record of the appeal hearing.
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How long does a hearing take?
Appeal hearings normally take approximately 30 to 45 minutes. You should allow time for unexpected delays.
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Can I bring a relative or friend to the hearing?
Yes, if it would make you feel more comfortable, bring a friend or a family member to be there for you, to speak on your behalf or help you present your case. You may also bring an advocate or other representation (if you wish).
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What should I wear to the hearing?
Hearings are informal so you don't need to dress up. Casual clothes like blue jeans are fine.
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How can I prepare myself for the hearing?
Confirm the date, time and address of your appeal hearing. Make sure that you have provided the department with all the information needed to consider or reconsider your benefit request. Any new information or documents should be provided to the department before your appeal date to allow the supervisor time to consider this new information.
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What should I bring with me to the hearing?
You will receive a copy of the Administrative Review completed by the department supervisor, which may include copies of documents used to review your decision. To avoid delays, be sure to read all the Administrative Review information before your hearing. This is the information the department will be presenting to the Appeal Panel. Knowing what the department will be telling the Appeal Panel will help you decide what information or documents you may want to bring. For example, you may want to write down what you would like to tell the Appeal Panel, and you may bring copies of any documents you feel will help support your case like rent verification, medical reports, receipts, etc.
Remember that the Appeal Panel cannot consider any new information unless the department has had the opportunity to consider this information before the hearing. To avoid delays, any new information should be given to the department before your Appeal Date.
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What happens after the hearing?
After you and the department have finished giving the Appeal Panel information about your case and have answered any questions, the Appeal Panel will close the hearing and you and the department representative will leave. The Panel will then begin their deliberations and review all the information that you and the department have provided to make their decision.
The Appeal Panel will then determine the Findings of Fact, arrive at a
decision, and issue their Reason for Decision and an Appeal Report. The written decision will be sent to you and the department by mail. In most cases, the Appeal Panel's written decision is mailed out within five business days.
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If I don't understand the decision, can somebody help me?
If you do not understand the decision, contact the Appeals Secretariat in Edmonton. The Appeals Secretariat will help you to understand the decision of the Appeal Panel.
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What if I don't like the result of my appeal?
If you are not satisfied with the decision of the Appeal Panel, you have the right to request the
Office of the Ombudsman to review your case. The Ombudsman can be reached by calling 780-427-2756 in Edmonton and 403-297-6185 in Calgary.
Please contact your local Provincial Court to obtain information about the
judicial review process. The time limit for filing a judicial review is six months from the time you receive the Appeal Panel's decision.
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