SERVICES

Employment Insurance Appeals

Help challenging a decision about your EI benefits, from reconsideration to the Social Security Tribunal.

Deadlines Come First

EI decisions can be challenged, but the time limits are short. At each stage you generally have 30 days. Keep every decision letter and note the date you received it.

The Tribunal can sometimes accept a late appeal, but only for a limited period and only if you have a reasonable explanation. It is safest not to count on that.

How an EI Appeal Works

  1. Ask for a reconsideration

    You ask Service Canada to review its decision, usually within 30 days of the decision. This is the required first step.

  2. Appeal to the Social Security Tribunal

    If the reconsideration does not change the decision, you can appeal to the Tribunal’s General Division (Employment Insurance Section). The appeal must generally be filed within 30 days of receiving the reconsideration decision. The appeal is decided after a hearing or on the written record.

  3. Ask the Appeal Division for permission to appeal

    If you disagree with the General Division’s decision, you can apply to the Tribunal’s Appeal Division, again generally within 30 days. Permission is needed, and it is not a second hearing. The grounds are limited, such as an error of law or an unfair process.

For the Tribunal’s own explanation of timing, see When to appeal an EI decision.

Issues That Come Before the Tribunal

EI appeals often involve disputes over why a job ended (for example, an allegation of misconduct or leaving without just cause), whether a claimant was available for work, overpayments and penalties, and sickness benefits.

How Andrew Can Help

Depending on what you need, help can include advice on whether and how to appeal, written submissions, limited-scope support at a stage you choose, and coaching to prepare for a hearing. Fees are fixed or hourly, and how your matter will be billed is explained before any work begins. See Fees and How It Works.

This page is general information, not legal advice about your situation. No outcome can be guaranteed.

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