A benefit denial letter is not the end of the road. Canada’s federal and provincial benefit systems have multi-level appeal processes, and a meaningful proportion of denied claims are reversed on appeal — especially when the claimant provides additional documentation or identifies an error in the original assessment.
This guide explains the appeal pathway for each major benefit type, the deadlines you must meet, and what to include to maximize your chances.
The golden rule: meet every deadline
Benefit appeal deadlines are strict. Missing them can permanently bar your appeal, regardless of how strong your case is. Every deadline starts from the date on the decision letter — not the date you received it.
| Benefit | Reconsideration deadline | Tribunal appeal deadline |
|---|---|---|
| EI | No reconsideration — appeal directly to SST | 30 days from denial letter |
| CPP / OAS / GIS | 90 days to request reconsideration | 90 days from reconsideration decision |
| Canada Child Benefit / tax credits (CRA) | 90 days to file Notice of Objection | 90 days from CRA decision, or 2 years from assessment |
| Ontario Works | 30 days to request internal review | 30 days from internal review decision |
| ODSP | 30 days to request internal review | 30 days from internal review decision |
EI appeals
Who handles it
The Social Security Tribunal of Canada — General Division (Employment Insurance) hears EI appeals directly. There is no mandatory reconsideration step for EI — you appeal the original Service Canada decision straight to the Tribunal.
Step 1: File your appeal within 30 days
File at sst-tss.gc.ca online, by mail, or by phone. The appeal is free.
You will need:
- Your Social Insurance Number
- The date of the denial decision
- The reference number from your My Service Canada Account or the letter
- A written statement explaining why you disagree
Step 2: Submit your evidence package
The Tribunal reviews documents, not just arguments. Submit:
- The denial letter and any correspondence with Service Canada
- Records of employment (ROE — Record of Employment)
- Any documentation Service Canada did not have when it made its decision
- A written explanation addressing each reason for denial listed in the letter
Step 3: The hearing
Most EI General Division hearings are conducted in writing (you submit documents) or by phone/video. In-person hearings are less common. You can represent yourself, bring a representative, or be assisted by a legal aid organization.
Common winning grounds for EI appeals
- Service Canada miscounted insurable hours (check your ROE carefully)
- “Dismissed for misconduct” was incorrectly applied — the bar for misconduct is high (wilful and deliberate)
- “Quit without just cause” was applied incorrectly — just cause includes harassment, unsafe conditions, medical need, or following a relocated spouse
- Benefit rate calculated incorrectly using wrong pay periods
- Renewal or extension of an existing claim denied in error
If your EI appeal is denied at the General Division, you may further appeal to the Appeal Division — but only on a question of law or jurisdiction, not new facts.
CPP appeals
Who handles it
Service Canada handles CPP reconsiderations internally. If reconsideration fails, the Social Security Tribunal — General Division (Income Security) hears further appeals.
Step 1: Request a Reconsideration from Service Canada (within 90 days)
Write to Service Canada asking them to reconsider. Do this in writing (mail or fax — keep a copy and proof of sending).
Include:
- Your full name and SIN
- A clear statement that you are requesting a reconsideration
- The decision date
- Why you disagree and what evidence you are providing
Service Canada will reassign the file to a different adjudicator who was not involved in the original decision.
Step 2: Appeal to the Social Security Tribunal (within 90 days of reconsideration decision)
File at sst-tss.gc.ca. Submit all evidence, including:
For CPP Disability appeals specifically:
- Full medical documentation from every treating physician
- Functional assessments describing daily limitations
- Employer documentation of attempts to accommodate
- Any tests, imaging, or specialist reports
The CPP Disability threshold is strict: the disability must be “severe and prolonged” and prevent you from regularly doing any substantially gainful employment — not just your usual occupation. Medical evidence is the most critical component.
Step 3: Appeal Division (if needed)
If the General Division dismisses your appeal, you can apply for leave to appeal to the Appeal Division — but again, only on grounds of law or jurisdiction. New medical evidence cannot be introduced at this stage.
Practical note: For CPP Disability cases, many claimants hire a disability claims representative or legal aid lawyer, as the complexity and stakes are high. Search “CPP Disability appeal representation” in your province — many work on a contingency or reduced-rate basis.
OAS and GIS appeals
The appeal pathway for OAS and GIS decisions is identical to CPP: Request Reconsideration → Social Security Tribunal General Division (Income Security) → Appeal Division.
Common OAS/GIS appeal issues:
- Partial OAS calculated incorrectly (years of Canadian residency disputed)
- GIS amount calculated using wrong income year
- GIS suspended because of income exceeding threshold in a year where income has since dropped
- Allowance for the Survivor denied incorrectly
Tip for GIS claimants: If your income dropped significantly in the current year (e.g., from job loss, pension change), you can apply to have GIS estimated on current-year income rather than prior-year tax return income. This is a provision many people miss.
Canada Child Benefit and CRA program appeals
CCB, GST/HST Credit, Canada Workers Benefit, and Disability Tax Credit decisions are made by the CRA. Appeals follow the CRA objection and Tax Court pathway — not the Social Security Tribunal.
Step 1: File a Notice of Objection with CRA (within 90 days)
File Form T400A (Notice of Objection) or use My CRA Account. The CRA Appeals Division — separate from the assessing team — reviews the file independently.
Common CRA objection grounds:
- CCB denied because CRA says a child is not in your primary care (provide school records, medical appointments, government documents showing your address)
- DTC denied — provide additional medical documentation; DTC appeals frequently succeed with more specific supporting letters from physicians
- CWB denied because of a residency or income classification error
Step 2: Tax Court of Canada
If the CRA Appeals Division upholds the original decision, you can appeal to the Tax Court of Canada. The informal procedure (claims under $25,000) requires no lawyer, is relatively accessible, and has modest filing fees.
Provincial social assistance appeals (Ontario Works, ODSP, BC, Alberta)
Ontario Works (OW) and ODSP
- Request an internal review within 30 days of the decision — contact your caseworker in writing and ask for a formal internal review
- If denied or partially upheld, appeal to the Social Benefits Tribunal (SBT) within 30 days of receiving the internal review decision
- File at socialbenefits.gov.on.ca — the process is free, hearings can be in person, by phone, or in writing
Common winning grounds:
- Income was calculated incorrectly
- Asset was wrongly counted (e.g., RDSP, TFSA incorrectly treated as a countable asset)
- Exempted income (employment earnings exemption) was not applied
- Overpayment amount disputed
Legal Aid Ontario covers Social Benefits Tribunal representation for eligible applicants.
British Columbia Income Assistance
Appeal to the Employment and Assistance Appeal Tribunal (EAAT) within 20 business days of the reconsideration decision. File at bcoapo.com or through the BC government online portal.
Alberta AISH
Request a review of the decision within 30 days, then appeal to the AISH Appeals Advisory Panel within 60 days of the review decision.
Tips that apply to every appeal
- Get everything in writing. Phone calls with Service Canada or OW caseworkers are not documented — follow up every call with a brief written summary emailed or mailed to them
- Address every reason in the denial letter. If the denial lists three reasons, respond to all three specifically — the Tribunal will review each one
- Submit original supporting documents, not summaries
- Do not miss deadlines. If you are close to the deadline, file a bare-bones appeal first, then supplement with full evidence
- Get help. Community Legal Clinics (Ontario), Legal Aid organizations, and advocacy organizations like Income Security Advocacy Centre (ISAC) in Ontario provide free support
For more on navigating the CRA side of the process, see how to appeal a CRA decision and the full government benefits guide.