EI overpayment or debt write-off request
Request to reconsider or write off an Employment Insurance overpayment.
What is included
- Reviewing the Service Canada decision and your file
- Preparing the request for reconsideration, or an EI overpayment write-off request, where the service covers it
- Preparing and filing the appeal to the General Division, or the leave application to the Appeal Division
- Gathering employment, medical or residence evidence as the issue requires
- Preparing submissions and representing you at the hearing or conference the service covers
What is not included
- Filing fees, translations, transcripts, professional reports and other disbursements
- A judicial review or appeal in the Federal Court or Federal Court of Appeal, which needs a lawyer
- Later stages, such as a further appeal or extra hearing days, unless agreed in writing
- Attending a hearing when the service covers documents or advice only
Who this service is for
- People refused Employment Insurance benefits or told they were overpaid
- Applicants refused a CPP survivor's, children's or other benefit
- Seniors refused Old Age Security or the Guaranteed Income Supplement
Information to have ready
- 1The reconsideration decision and the original decision, with dates
- 2Your Record of Employment, pay stubs and employer letters, for EI
- 3Medical or residence evidence, for CPP or OAS
- 4All letters and notices from Service Canada
Frequently asked questions
How much does it cost?
The fee is $500 plus 13% HST ($565.00 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
Do I need to ask for reconsideration before appealing?
Yes, in most cases. The Social Security Tribunal usually hears an appeal only after the department has reconsidered its decision.
What is the Appeal Division?
The second level of the Tribunal. You first need permission (leave) to appeal, and it usually looks for specific errors in the General Division's decision, such as an unfair process or an error of law or fact; in CPP and OAS appeals it may also consider some new evidence.
Can an EI overpayment be written off?
In limited situations, yes. Service Canada can write off some overpayments, for example where repaying would cause undue hardship, but the rules are narrow.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the tribunal or agency decides
- Federal deadlines are strict, and late filings may not be accepted
- Some steps, such as a Federal Court judicial review, are outside a licensed paralegal's scope
- Some federal work may be outside what a licensed paralegal is permitted to do, such as a Federal Court judicial review or a government application that is not part of a tribunal case; before any work starts we confirm that your matter is within that scope, and we can refer anything that is not to an Ontario lawyer.
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