Appealing an Employment Insurance Decision
If Service Canada refuses or cuts your Employment Insurance (EI) benefits, the decision is not final. There is a two-step process: ask for a reconsideration, and if you still disagree, appeal to the Social Security Tribunal. Each step has a short deadline.
- A request for reconsideration is generally due within 30 days of the decision.
- If the reconsideration decision goes against you, an appeal to the Social Security Tribunal's General Division is generally due within 30 days.
- You can ask for more time if you are late, but you must give a reason.
- Keep your claim open by continuing to submit reports while your matter is being decided.
Step 1: request a reconsideration
- Read the decision letter and note its date and the reason given.
- Ask Service Canada for a reconsideration, in writing or through the process shown in the letter.
- Explain why you disagree and attach new documents, such as a record of employment, medical note or messages.
- Keep a copy of what you send and the date.
Step 2: appeal to the Tribunal
If the reconsideration decision does not help you, you can appeal to the General Division of the Social Security Tribunal. You complete the appeal form, include the decision you are challenging and explain your reasons. The Tribunal can hold the hearing by video, phone, in writing or in person, depending on the case.
Common issues
- Voluntary leaving and just cause: whether you had no reasonable alternative to leaving.
- Misconduct: whether your dismissal was for conduct that the law treats as misconduct.
- Availability for work and job search requirements.
- Insurable hours and earnings, including questions about your Record of Employment.
- Overpayments and penalties, where a separate review process can apply.
Evidence that helps
- Your Record of Employment, pay stubs and employment contract.
- Emails, texts and letters that show what happened and when.
- Medical notes and reports where health is part of the issue.
- Written statements from people who saw what happened.
While you wait
Keep completing your bi-weekly reports, as the rules require, and keep applying for work if you are able. If you are denied, ask Service Canada whether payments continue while a decision is under review. An appeal does not always keep benefits going, so ask early.
Common questions
What if I missed the 30 days?
You can ask for an extension and explain the reason. The Tribunal considers how long the delay was, whether you meant to appeal and whether the other side is affected.
Can a paralegal help with an EI appeal?
Yes, representatives can assist with reconsiderations and Tribunal appeals, and advice early on can make a real difference to the evidence you gather.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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