4. Apply to re-open the decision or appeal again, 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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4. Apply to re-open the decision or appeal again, if needed

Ask to re-open the General Division decision

In very few cases, the General Division looks at its decision again. It only does this if it there are new facts that weren't known before the hearing or before it made its decision.

If you have new facts and want the General Division to look at your decision again you have to send your application within one year of it making your decision. You can only ask for a review once.

You can use the Application to Rescind or Amend form to ask the General Division to review its decision.

Appeal a second time

The Appeal Division of the Social Security Tribunal is the second level of appeal if you disagree with the General Division’s decision.

The Appeal Division hears appeals in CPP cases related to three different types decisions.

1. Extensions of time

If the General Division didn't agree to extend the time you have to appeal, the Appeal Division hears your case.

You don't have an automatic right to this type of appeal. You must ask for permission to appeal. The Appeal Division only lets you appeal in certain situations. To ask for permission, you need to fill out the Application Requesting Leave to Appeal to the Appeal Division form.

If the Appeal Division gives you permission to appeal, the Appeal Division sends you information on your next steps.

2. Decisions to "summarily dismiss" your appeal

If the General Division decided to "summarily dismiss" your appeal, the Appeal Division hears your case.

You have an automatic right to this type of appeal. You can appeal by filling out an Application to Appeal to the Appeal Division form.

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.

3. Appeal of the CPP reconsideration

The Appeal Division can hear an appeal of the General Division's decision on your request to appeal your CPP reconsideration.

You don't have an automatic right to this type of appeal. You must ask for permission to appeal. The Appeal Division only lets you appeal in certain situations. To ask for permission, you need to fill out the Application Requesting Leave to Appeal to the Appeal Division form.

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.

If the Appeal Division gives you permission to appeal, the Tribunal sends you information on next steps.

Time limit

For all three types of appeals, you have 90 days after receiving your General Division decision to either appeal or, if needed, ask for permission to appeal to the Appeal Division. You may be able to appeal or ask for permission to appeal after 90 days, but you have to request more time by explaining why you didn't appeal or ask for permission to appeal earlier.

After you send in your Application Requesting Leave to Appeal or your Application to Appeal

The Appeal Division writes to you about what the next steps are in the process.

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.

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Government of Canada
Reviewed: July 31, 2017

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