Income and employment supports – Appeal hearing

Contact the Appeals Secretariat when you get their letter if:

• you cannot attend the appeal hearing on the date it is scheduled – you may be able to reschedule the hearing to a date that you, the Income and Employment Support (IES) program and the appeal panel agree on
• you and/or your support person requires an interpreter such as when you speak a language other than English or require American Sign Language (ASL) or another reasonable accommodation to participate in the hearing
• you want information about organizations that may be able to help you with your appeal

You, or the person acting on your behalf, must take part in the hearing. If something comes up at the last minute and you or the person acting on your behalf are not able to attend, you must notify the Appeals Secretariat immediately. If this does not happen:

• the Appeals Secretariat will try to contact you to reschedule the hearing
  • If the Appeals Secretariat cannot reach you, the appeal panel may decide 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
• your appeal will be closed

Once your appeal has been scheduled, the Appeals Secretariat will send you a document from the IES program that explains the reason they will not change their decision and copies of the documents the IES program provided to support their decision. Prepare for your appeal by reviewing these documents and consider:

• 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 IES that explain why you disagree with their decision)
• if you want to give a person authority to act on your behalf, email, fax or mail the Appeals Secretariat a signed Authorization form – there is no need to provide the form again if you have already provided it
• if you are inviting anyone to support you during the hearing by speaking about your medical, financial or personal situation, you must notify the Appeals Secretariat
• provide the Appeals Secretariat with a list of the people you have arranged to participate in the appeal hearing at least 3 weeks before the hearing
  • You are not required to have supporters take part in the appeal hearing – the list is only needed if you choose to have them attend or take part.

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
• tell anyone who is acting on your behalf or supporting you about the date, time and teleconference details
• tell the Appeals Secretariat if you and/or your support person requires an interpreter (for example: language other than English, ASL) or another reasonable accommodation to participate in the hearing

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

• read this package when it comes – it includes copies of all the documents the IES program used to make the decision you are appealing
• bring the package to the appeal hearing

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

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

The chair introduces everyone and goes over the rules, then asks if:

• you and the person from the IES program understand the decision being appealed
• anyone objects to the people on the panel or their right to decide your appeal

If there are no objections, the chair asks if everyone received the appeal package and if they can confirm all their documents were included. The chair also asks if anyone has information that was not included in the appeal package that the appeal panel should consider. If there is, then you or the person from the IES program can ask for:

• copies of the new information
• a short break to review it
• the hearing to be moved to another day to allow more time to review it

The person from the IES program and their supporters present their information first. You and the panel will:

• let them speak without interrupting them to hear why they made their decision
• be able to ask questions after each person speaks

Next, you or the person acting on your behalf, and others who support your appeal will present your information. The person from the IES program and the panel will:

• let you speak without interrupting you to hear why you disagree with the decision that was made
• be able to ask questions after each person speaks

The chair asks the person from the IES program, then you or the person acting on your behalf, to summarize your information and the decision you would like the panel to make.

The chair ends the hearing and lets you know when you can expect the panel's decision.

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

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

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

When a judicial review happens, the Court:

• cannot make a new decision
• will send the case back for the appeal panel to hear again if it agrees the hearing was unfair – if this happens, different panel members will hear your appeal

If you wish to apply for a judicial review, you must:

• file an Originating Application for Judicial Review, Form 7, Alberta Rules of Court, Rule 3.8 with the Court within 6 months from the date the appeal panel made its decision
• decide if you need a lawyer to assist you – if you do, then contact the Law Society of Alberta’s referral service at 1-800-661-1095 or Legal Aid Alberta at 1-866-845-3425 for help finding one