How to Appeal a Decision on Canada Pension Plan Benefits

January 2011

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Service Canada delivers the Canada Pension Plan (CPP) program on behalf of Human Resources and Skills Development Canada (HRSDC). The Canada Pension Plan pays retirement, survivor, death, disability, and children’s benefits to those who qualify.

When you apply for a CPP benefit, Service Canada will determine if you are eligible and send you a letter with the reasons for the decision.

If you disagree with Service Canada’s decision

If you disagree with the decision on your eligibility or the amount of any CPP benefit, contact Service Canada right away for an explanation. If you are not satisfied with the response and wish to appeal, you or your representative must send a written Request for Reconsideration within 90 days after you are notified in writing of the decision.

How to request a review of a CPP decision

There are three decision review levels in the CPP appeals process:

Each level is different, and the time it takes to have your request addressed may vary depending on its complexity. You can help by providing as much information as possible throughout the process.

If you are waiting for new information, do not wait to send in your appeal. You may request an appeal and provide additional information as it becomes available. You are responsible for providing all of the information required to support your appeal.

The following is a description of the three levels of the CPP appeals process.


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First level – Request for reconsideration

If you disagree with the decision, the first step is to request a reconsideration. You must make this request in writing within 90 days after you are notified in writing of the decision.

Sign and date your written request for reconsideration and include:

  • your name, address, telephone number, and Social Insurance Number;
  • a detailed explanation of why you want a reconsideration; and
  • any new information that could affect the decision.

Reconsideration can take several months to complete, depending on the case and the time it takes to get additional medical or other information. Staff members not involved in the original decision will consider all information on file when the original decision was made, as well as any new information you supply. They will re-examine your application and will send you a letter that explains their decision.

Second level – Appeal to a Review Tribunal

If you disagree with the reconsideration decision, the next level of review is an appeal to a Review Tribunal, which is completely separate from Service Canada and HRSDC.

A Review Tribunal includes a Chairperson, who is a lawyer, and two other members. If the appeal involves a CPP disability benefit, one of the other two members must be a health care professional. The hearing is closed to the public.

If you decide to appeal, you must write to the Office of the Commissioner of Review Tribunals within 90 days after you are notified in writing of the reconsideration decision. Your appeal letter should include:

  • your name, address, telephone number, and Social Insurance Number;
  • a detailed explanation of why you are requesting an appeal;
  • the date you received the reconsideration decision; and
  • any new information that could affect the decision.

Staff from the Office of the Commissioner of the Review Tribunals will contact you about a date, time, and location for your Review Tribunal hearing.

You will have the chance to explain why you disagree with the decision. You may bring witnesses and someone to help you explain your case, at your expense. A representative will also attend to present Service Canada’s position and to answer any questions the panel members may have.


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Third level – Appeal to the Pension Appeals Board

The Pension Appeals Board is the third and final opportunity for appeal under the Canada Pension Plan. The Board is an independent body and is completely separate from Service Canada and HRSDC.

Unlike the first two levels in the appeals process, hearings of the Pension Appeals Board are not automatic. The Board will decide whether there are grounds for an appeal and will inform you and HRSDC in writing.

You must request permission to appeal by writing to the Board within 90 days after you are notified in writing of the decision of the Review Tribunal. The Minister of HRSDC can also appeal the decision. Your request should include:

  • your name, address, telephone number, and Social Insurance Number;
  • a detailed explanation of why you are requesting an appeal;
  • the facts that support the appeal;
  • the name and address of your representative, if you have one;
  • the date of the Review Tribunal decision and the location of the hearing;
  • the date you received the Review Tribunal’s decision; and
  • any new information that could affect the decision.

If the Board decides there are grounds for an appeal, it will schedule a hearing. Hearings are held in major cities across Canada and are open to the public. At the hearing, you will have an opportunity to present your case.

If the Board decides not to hear the appeal, the decision of the Review Tribunal is then final and binding.

The Pension Appeals Board is composed of a panel of three federal or superior court judges. Legal counsel (and expert witnesses in the case of disability appeals) represents HRSDC at these hearings. You may have legal counsel or another person represent you.

After the hearing, the Board will inform you and Service Canada in writing of its decision. The decision is final and binding.


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For more information

Reconsideration process

Click
www.servicecanada.gc.ca
Call
From Canada and the United States: 1-800-277-9914
TTY: 1-800-255-4786
From other countries: 613-990-2244 (collect calls accepted)

Please have your Social Insurance Number ready when you call us.
By mail
See the address indicated on the decision letter.

Office of the Commissioner of Review Tribunals

Click
www.ocrt-bctr.gc.ca
Call
From Canada and the United States: 1-800-363-0076
TTY: 1-866-203-7625
From other countries, call: 613-946-0320 (collect calls accepted)
TTY: 613-954-5178
By mail
Office of the Commissioner of Review Tribunals (CPP/OAS)
PO Box 8250 Station T
Ottawa ON  K1G 5S5

Pension Appeals Board

Click
www.pab-cap.gc.ca
Call
From Canada and the United States: 1-888-640-8001
From other countries, call: 613-995-0612 (no collect calls accepted)
By mail
Pension Appeals Board
PO Box 8567 Station T
Ottawa ON  K1G 3H9

La version française est intitulée
Comment faire appel d’une décision relative aux prestations du Régime de pensions du Canada (ISPB-279-01-11F)
© Her Majesty the Queen in Right of Canada, 2011
ISPB-279-01-11E