How to appeal an Old Age Security decision: General Division

If you disagree with the initial decision of the Minister of Human Resources and Skills Development Canada (HRSDC) on your application for Old Age Security (OAS) benefits, you can request that this decision be reconsidered by HRSDC. If following a reconsideration decision you are still not satisfied with the result, you can appeal to the General Division of the Social Security Tribunal (SST). Your appeal must be in writing. An intention to appeal by phone will not be accepted.

You need to ensure that the SST receives your appeal within 90-calendar days of your receipt of the reconsideration decision from HRSDC. For example, if you received your reconsideration decision on September 4, 2013, the SST must receive your appeal by December 2, 2013.

There are three ways to start an appeal

  1. Fill out the Notice of Appeal to the General Division of the SST - OAS form (PDF format) on our website following the attached instructions. Print the completed form, sign it and mail or fax it to the SST.
  2. Print the Notice of Appeal to the General Division of the SST - OAS form (PDF format), complete and sign it following the attached instructions and mail or fax it to the SST. If you cannot print the form, contact the SST to have a copy sent to you with instructions.
  3. Write the SST a letter of appeal. Be sure that you include all the information that is required on the form.

The SST accepts faxed copies. If you send your form (or any information) by fax, you do not need to send a copy by mail. The SST will confirm the receipt of your form.

Things to keep in mind when filing your request to appeal

Completing the form

Make sure you complete all the required fields on the Notice of Appeal to the General Division of the SST – OAS form. The SST will not register the appeal until it has received all the required information. If the form is incomplete, the SST will return it to you with a request to complete and return it by a certain date. If the SST receives the information after the 90-day appeal period, you will need to request and obtain an extension of time (see below). If the SST does not receive a completed form by the specified date, the SST will not move forward with your appeal.

Extensions

If your appeal request is made after the 90-day appeal period, you may ask the SST for an extension based on the criteria provided with the Notice of Appeal to the General Division of the SST – OAS form (PDF format). It is important to request your extension as soon as possible. If the SST Member denies your request for an extension, you will lose your right to appeal the decision. You may appeal the decision to refuse an extension to the OAS Appeal Division of the SST.

Additional information

It is not necessary to have all the information (other than the required information) to support your appeal before you submit your Notice of Appeal form. Additional information can be provided at a later date.

Representation

You can present your own case or you can arrange for someone such as a friend, a family member, a lawyer or other professional person to help you. If you decide to have someone represent you, you will need to complete, sign, and submit an Authorization to Disclose form (PDF format) giving that person permission to act on your behalf. You are responsible for all costs related to having a representative.

Further appeals

If you disagree with the decision of the General Division on your appeal for OAS benefits, you can submit an appeal to the Appeal Division of the SST.

For more information about the SST’s appeal process, please visit the Appeal process section of this website.