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Part of Alberta Disability Assistance Program

ADAP – Appeal hearing

Find out what happens before, during and after an ADAP appeal hearing.

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Alberta Disability Assistance Program

Types of appeal hearings

ADAP has 2 types of appeal hearings, depending on the decision being appealed:

  • Citizen’s Appeal Panel (CAP) hearings

    CAP hearings cover non-medical decisions such as financial eligibility and general program eligibility. The panel is made up of private citizens who are not Government of Alberta employees.

  • Medical Appeal Panel (MAP) hearings

    MAP hearings cover medical eligibility decisions, including whether you have a severe disability, whether that disability prevents you from working and whether you should be referred to the AISH Medical Review Panel to determine if you are eligible for AISH. The panel is made up of health professionals who are not Government of Alberta employees.

Before the hearing

CAP appeal hearings are generally held by teleconference or videoconference. 

MAP appeal hearings are held by document review only unless there are exceptional circumstances. 

  • Hearing date and time

    The Appeals Secretariat will send you a letter with the date, time and details on how to take part. If your hearing is scheduled to be a teleconference or videoconference, you are expected to attend on that date.

  • When to contact the Appeals Secretariat

    Contact the Appeals Secretariat as soon as you get their letter if:

    • you are unable to attend the scheduled appeal hearing. If your hearing is scheduled as a teleconference or videoconference, you may be able to reschedule to a date agreed upon by you, the program and the appeal panel. 
    • you and/or your support person need an interpreter (for example, a language other than English or American Sign Language) or another accommodation to take part in the hearing.
    • you want information about organizations that may be able to help you with your appeal.

  • Preparing your information

    Once your hearing is scheduled, the Appeals Secretariat will send you a document explaining why the decision was made, along with copies of the documents used to make that decision. To prepare:

    • review these documents carefully.
    • think about the reasons you do not agree with the decision. For example, you may want to point out specific items in the documents you provided to the program that support your case.
    • if you want to give a person authority to act on your behalf, send the Appeals Secretariat a signed Authorization form by email, fax or mail. There is no need to provide the form again if you have already sent it.

  • If others will be involved in your CAP hearing

    If other people will be participating in the appeal hearing, make sure to:

    • complete the Authorization form and notify the Appeals Secretariat of the list of people who will attend at least 3 weeks before your hearing.
    • share the hearing date, time and teleconference details with anyone acting on your behalf or supporting you.
    • tell the Appeals Secretariat if you and/or your support person require an interpreter or another reasonable accommodation to participate in the hearing.

    If you are inviting supporters to speak about your medical, financial or personal situation at the hearing, notify the Appeals Secretariat and provide a list of those people at least 3 weeks before the hearing. 

    You are not required to have supporters take part. The list is only needed if you choose to have them attend or take part.

  • If others will be involved in your MAP hearing

    If other people will be receiving information from the Appeals Secretariat on your behalf, make sure to:

    • complete the Authorization form and notify the Appeals Secretariat as early as possible to ensure your submission can be completed on time.
    • tell the Appeals Secretariat if you and/or your support person require interpretation or another reasonable accommodation to prepare information for the hearing.

  • Your appeal package

    The Appeals Secretariat sends an appeal package to you, the program and the appeal panel at least one week before the hearing. Make sure to:

    • read this package when it arrives. It includes copies of the documents the program provided to support their decision.
    • have the package with you for the appeal hearing if it is scheduled to be a teleconference or videoconference.
    • contact the Appeals Secretariat if you dispute the information contained in the package.

    If you would like your supporters to have a copy of the appeal package for the appeal hearing, it is your responsibility to provide it to them.

    If you do not get the package or documents are missing, contact the Appeals Secretariat.

  • If you cannot attend your hearing

    You, or the person acting on your behalf, must take part in the hearing. If something comes up unexpectedly and you cannot attend, contact the Appeals Secretariat right away.

    As MAP hearings are generally held by document review only, you are not expected to attend the hearing unless otherwise informed by the Appeals Secretariat.

    If you do not contact the Appeals Secretariat:

    • the Appeals Secretariat will try to contact you to reschedule
    • if the Appeals Secretariat cannot reach you, the appeal panel may decide you chose to end your appeal without notice – this is called abandoning an appeal
    • the decision that you abandoned your appeal is final
    • your right to appeal will end and your appeal will be closed

At the hearing

Citizen’s Appeal Panel (CAP) hearing

An appeal hearing usually lasts an hour. It is closed to the public and not recorded. 

The following people will take part in the hearing:

  • a panel of private citizens with diverse backgrounds and skills, including a chair.
  • you and/or the people acting on your behalf or supporting you.
  • someone from the program and other program representatives, if necessary.

What takes place

CAP hearings follow a standard 6-step process:

  • Step 1 – Introduction

    The chair introduces everyone and goes over the rules. The chair will:

    • clarify the role of any support people attending.
    • confirm that any requested accommodations (for example, an American Sign Language interpreter) are in place.
    • ask if you and the program representative both understand the decision being appealed.
    • ask if anyone objects to the panel members or their authority to decide the appeal.

  • Step 2 – Appeal package and documentation

    If there are no objections, the chair confirms that everyone received the appeal package and that all documents are included.

  • Step 3 – ADAP presents their information

    The program representative and their supporters present their information first. You and the panel will:

    • let them speak without interruption.
    • have the opportunity to ask questions after each person speaks.

  • Step 4 – You present your information

    You, or the person acting on your behalf, and anyone supporting your appeal will present your information. The program representative and the panel will:

    • let you speak without interruption.
    • have the opportunity to ask questions after each person speaks.

  • Step 5 – Summaries

    The chair asks the program, then you or the person acting on your behalf, to summarize your information and the decision you are asking the panel to make.

  • Step 6 – End of the hearing

    The chair closes the hearing and lets you know when you can expect the panel’s decision.

Medical Appeal Panel (MAP) hearing

The following people will take part in the hearing:

  • an appointed hearing chair and two other members of the MAP.

What takes place

The panel will review the appeal package, including submissions from you and the program, and make a decision based on the submissions and the applicable legislation.

After the hearing

The appeal panel will decide to agree with or reverse the program's decision. Once this happens:

  • you will get a letter after the hearing with the appeal panel’s decision and reasons for the decision.
  • the appeal panel’s decision is final – this means they cannot look at new information after the hearing or change their decision.
  • you cannot file another appeal on the decision from the appeal panel or the program’s decision.

If you have concerns about the hearing

Whether you had a CAP or MAP hearing, if you believe the hearing was unfair or the panel's decision does not follow the applicable legislation or regulations, you have 2 options:

  • Option 1. File a complaint to the Ombudsman

    You can make a complaint to the Alberta Ombudsman’s office. They cannot reverse or change an appeal panel decision, but they can:

    • review the appeal process.
    • make recommendations, including that the appeal panel re-hear the case.

  • Option 2. Apply for a judicial review

    A judicial review happens through the Court of King’s Bench. The Court cannot reverse or change an appeal panel decision, but it can decide if the appeal panel:

    • acted within its legal authority
    • followed a fair process
    • made a reasonable decision based on the situation

    If the Court finds the hearing was unfair, it will send the case back to be heard again by a different panel.

    To apply for a judicial review, you must:

Resources

Related

Previous ADAP – Appeal a decision