A Reference Guide - Old Age Security and Canada Pension Plan

Reconsidering and appealing a decision: CPP applicants may request an explanation or a reconsideration of any decision that affects their eligibility or the amount of their CPP benefit. The request must be made in writing to the Minister of Human Resources and Social Development.

If an applicant disagrees with the decision of the Minister, he or she may appeal to a Review Tribunal. A request for leave to appeal a decision of the Review Tribunal may be made to the Pension Appeals Board by the Minister or by the applicant. Permission to appeal is not automatic: the Board can refuse the request at this stage.

Each of the stages in the reconsideration and appeal process can take several months to complete and each has very specific requirements of both the client and the Minister. The following is a more detailed description of each stage.

Reconsideration—This is a written request from the applicant (within 90 days of receiving the letter of decision) to the Minister of Human Resources and Social Development to review a decision. A review of the file is carried out by an officer who was not involved in making the initial decision.

First-level appeal—If the applicant disagrees with the reconsideration decision, he or she may appeal the decision to a Review Tribunal. Again, this must be done in writing within 90 days of receiving the written reconsideration decision and sent to the Office of the Commissioner of Review Tribunals. A Review Tribunal consists of three people appointed by the Commissioner. The chairperson is always a lawyer in the province where the appeal is taking place. If a disability benefit is involved, at least one of the other members must be a health-care professional. Review Tribunals are independent, they do not act on behalf of the applicant, the Minister, the Department, or any other party to the appeal.

Second-level appeal—This is a written request for permission to appeal, made to the Pension Appeals Board by the Minister or the applicant. The Board consists of a panel of judges, usually three, of the federal court or a provincial court. If permission is granted, the Board will meet to hear the appeal in the jurisdiction where the client lives. The decision of the Pension Appeals Board is final, but subject to judicial review by the Federal Court of Appeal.

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