BC FORUM News

The BC Coalition of People with Disabilities (BCCPD) sends a Community Update

Changes to the Canada Pension Plan Disability Appeal Process

May, 2013 - On April 1st 2013, significant changes were enacted to the Canada Pension Plan Disability (CPP-D) appeals process: the Review Tribunal and Pension Appeals Board were replaced by the Social Security Tribunal (SST). This represents a substantial change to the way in which CPP-D appeals will be administered.

The changes are too new for the BCCPD to fully determine how the SST system will work in practice. However, it seems clear that the SST’s rules are more legally complex and narrower than those governing the Review Tribunal.

Under the new system, CPP-D appellants no longer have an automatic right to have their cases heard. The SST has the power to summarily dismiss an appeal without a hearing if it determines the appeal has no reasonable chance of success. As well, the Tribunal can decide the merits of an appeal on the basis of written materials and is not obliged to hold an oral hearing.

This change clearly places a new burden on appellants who will need to provide well thought out and argued written arguments about the merits of their appeal when they file it. Appellants who can effectively articulate their position in writing will have a better chance of having their appeal favourably decided without a formal hearing.

An additional new challenge for appellants is that once they have advised the SST that they are ready to proceed with a hearing, they will not be permitted to file additional documents or submissions in support of their appeal. By contrast, the Review Tribunal would accept additional evidence and submissions up to and including the day of the hearing. Because of this change, it is even more crucial that appellants access all relevant documentation and perfect their submission before submitting their appeal.

BCCPD advocates are monitoring the new system closely and will provide community updates and capacity building workshops over the next year.

If you have any questions about the new SST system please contact Peter Beaudin or Robin Loxton at the BCCPD’s Advocacy Access Program at 604-872-1278 or 1-800-663-1278.