It so appealing

So if you live in Nova Scotia and you get welfare and there is a decision made by your worker, like they cut you off, or reduce your benefits or even not let you on in the first place and you don't think it is fair you can appeal the decision.
So how do you do it?

• First thing I suggest, especially if you are already on welfare is to talk to your worker and find out why - in about 70% of the issues that come through our advocacy office it is simply that the person has not submitted the correct documentation or needs to update documentation - so save yourself some time and call your caseworker and get the a reason why your benefits were reduced or taken away. Insist on getting the decision in writing.
• If it is a decision you have to challenge - ask to speak to the supervisor first before you file for an appeal and have them review the decision - see if they can make an exception in your case - they have the power to make decisions outside the regular policies.
• If none of that works then pick up the appeal papers at your local Department of Community Services Office- however they usually mail them when they send out the decision in writing - you can also request them mailed out as well.
• You have up to 45 days after the decision to file - but the sooner the better
• When filling out the paper make sure you write in detail why you believe the decision is wrong - send photo-copies of documentation to support your claim - (hold on to the originals! you may need to send them again) (photocopy the whole thing and keep as sometimes things go missing)
• The first thing that will happen is an Administrative Review - meaning they will look at your claim and documentation and this could be the end as sometimes they will make a decision in your favor based on this info.
• If not - then a date for your appeal will be set - usually no later than 30 days after your application (although I have know it to go longer) the details are on your appeal form
• At the appeal hearing you may go on your own or have an advocate of your choice go with you (you choose not the department and you must secure your own advocate as one will not be provided for you)
• The appeal hearings are usually held at the department of community services - your worker and maybe their supervisor will be present as well as the adjudicator they are the person who will make the decision on your case and control the hearing - they are independent of the department community services and do not work for them.
• The adjudicator will review the policy and how your worker has implemented it- they will look at your documentation that would support your claim - for example - you quit your job and this made you ineligible for welfare for 6 weeks - but you did so because your back is bad and the work was hurting you - so to support that you would need a medical report from a doctor - this would be given to the adjudicator - a copy should also be made for your worker
• Remember that the adjudicator can only make a decision on the policy and whether it was applied correctly - not on whether or not the policy is fair in the first place- this is the most frustrating part of the process as we know many of the policies are unfair
• After the adjudicator hears from you and your caseworker (caseworkers usually get to go first) they will take the information away and will examine it - you will receive your decision within 7 business days in writing

this is a basic outline of what to expect - remember it is your right to appeal a decision you do not think is fair - it is important to exercise your rights