AISH – How to appeal

Steps to file an appeal

Make sure to appeal within the 30-day deadline from the date you:

• got the decision in person, by phone or letter, and
• were told about your right to appeal and that you had 30 days to appeal

Step 1. Complete a notice of appeal

You must appeal in writing through option A or B:

A. Fill out an appeal form

• Download: open the AISH Notice of Appeal Form in Adobe Reader, read the instructions, fill it in, save it, then print it. Or, print a copy and fill it in.
• Paper copy: contact an Appeals Secretariat office to pick up a form or have it sent to you by email, fax or mail. When you get it, read the instructions and fill it in.
• Make sure the form is signed.
• Include an Authorization form if someone will be acting on your behalf throughout the appeal process.
• Keep copies for your files.

OR

B. Write an appeal letter

Make sure to include:

• the name, address, email and any phone numbers for you or the person who is authorized to appeal the decision
• a description of the AISH decision you are appealing
• the date you got the AISH decision in person, by phone or letter
• the date you were told about your right to appeal the decision and that you had 30 days to appeal
• why you are appealing
• a signature for you or your guardian or trustee

If you want to give another person authority to act on your behalf throughout the appeal process, include an Authorization form.

If you need more time

If you cannot file or did not file your appeal within the 30-day deadline, you can ask for more time by:

• Filling out Section 3 on the Notice of Appeal form.

OR

• Sending a letter or email to the Appeals Secretariat asking for more time and including:
  • when you got the decision you are appealing
  • when you found out you had 30 days to appeal
  • why you were unable to appeal within the 30-day time limit

The Appeals Secretariat will review your request and decide whether to allow you more time. You will get this decision in writing.

• If you think the Appeals Secretariat’s decision is unfair, you cannot appeal it to the appeal panel. However, you have 2 options:
  • contact the Alberta Ombudsman
  • apply for judicial review
• If you are not allowed more time, your appeal will be closed and it will not go to the appeal panel.

Step 2. File your notice of appeal

Make sure to:

• include your signed Notice of Appeal form or appeal letter and the Authorization form if someone will be acting on your behalf
• include a copy of the AISH program’s letter with the decision you are appealing, if you received one
• keep copies of all documents for your own files

Submit your documents by:

• scanning your documents and emailing them to [email protected], or
• mailing or faxing them to the Appeals Secretariat

After you file an appeal

You will get a letter from the Appeals Secretariat saying they received your appeal.

The AISH program will review the documents used to make the decision to see if the matter can be resolved without going to an appeal hearing. Someone from the program may call you to discuss the decision you are appealing.

If the matter is resolved

• the AISH program will contact you to explain the next steps.
• you do not need to continue with your appeal and can withdraw it
• If the matter is not resolved the Appeals Secretariat will schedule your appeal hearing
• Contact the Appeals Secretariat if you:
  • want to give another person authority to act on your behalf throughout the appeal process
  • are inviting anyone to the hearing to support you
  • want information about organizations that may be able to help you with your appeal
  • if you and/or your support person requires an interpreter (for example, language other than English, American Sign Language (ASL) or another reasonable accommodation to participate in the hearing
• Once your appeal has been scheduled, the Appeals Secretariat will send you a document from the AISH program explaining the reason their decision will not change, along with copies of the documents they used to make the decision you are appealing

Withdrawing an appeal

You can withdraw your appeal at any time. This means it is stopped and you no longer want to appeal the AISH program’s decision.

Tell the Appeals Secretariat right away if you want to withdraw you appeal.

Maintaining Contact

If you move or change your phone number or email address, tell the Appeals Secretariat right away. If this does not happen and the Appeals Secretariat cannot reach you then:

• the appeal panel may determine you chose to end your appeal without telling anyone – this is called abandoning an appeal
• the appeal panel’s decision that you abandoned your appeal is final
• your right to appeal will end and your appeal will be closed

Contact

Appeals Secretariat offices