3. Appeal the reconsideration, if needed

We're not married. What happens to Canada Pension Plan benefits after we separate or one of us dies?
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3. Appeal the reconsideration, if needed

If there is no change in the reconsideration, you can appeal. This means that you disagree with the decision and are asking that someone with more authority review the decision.

For CPP reconsiderations, you appeal to the General Division of the Social Security Tribunal.

To appeal, you fill out the Notice of Appeal to the SST General Division - CPP form. This form can be mailed or faxed back to the Tribunal. You can also write a letter to appeal if you cannot use this form, but you must include all the information that the form asks for.

Time limit

You have 90 days after receiving your CPP reconsideration to appeal to the General Division. You may be able to appeal after 90 days, but you have to request more time by explaining why you didn’t appeal earlier.

After you send in your Notice of Appeal

After you send in your Notice of Appeal, the General Division writes to you about the process.

For example, it tells you if it is going to make a decision based only on the form or letter you sent it, or if it wants questions answered at a hearing. A hearing is when you meet with members of the General Division to tell them why you disagree with Service Canada’s decision.

If you have to go to a hearing, you can present your own case or you can ask someone such as a friend, a family member, a lawyer or other professional to help you. You can talk to a lawyer for information about the process. If you can't afford to hire a lawyer, you may be able to find legal help in other places.

The General Division then sends you its decision in writing.

Decision to "summarily dismiss" your appeal

Sometimes the General Division lets you know in writing if it intends to "summarily dismiss" your appeal. This means that it thinks you don't have a good chance of winning based on the information that it has. You then have the chance to give them more information.

The General Division reviews the new information you send and decides if your appeal should continue or should be dismissed. If it is dismissed, the General Division sends you the decision in writing.

Reviewed: July 31, 2017

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