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

a funny thing happen on the way to the appeal

I work as an advocate, I don't usually(never really unless we can tap into a project) get paid but I still consider it work. The group I work with HCAP (halifax coalition against poverty) offers free advocacy services for people who are experiencing problems with welfare/poverty rights and landlord tenant disputes. We are not lawyers but we understand the policies and can provide support and information to those who need it.
What motivates us is that we don't like to see people screwed around by the system and our belief that everyone has the right to live a life with dignity. This includes having the resources they need to survive, being treated justly and safely housed. As you can imagine we are not often favorites of the government as we challenge their oppressive rules as much as we can. Sometime we do this creatively - that creativity is not often well received. This creativity can take the forms of demonstration, public street theatre, leafleting/posters to mention just a few. As a result of this creativity the Department of Community Services (Welfare) has refused to work with our advocates. However according to their own policies people on welfare have a right to an advocate of their choice.
Which leads me to this little story - Roger
Roger came to the office one day looking for some help. He had been turned away everywhere else ( which tends to be the typical for us) he had taken a job with a temp service and they lured him in like they had so many others - with the promise of a full-time position with benefits. Due to training and educational barriers he was only able to get labor jobs and due to a bad back he was not able to continue.
He was in he float zone between employment and welfare - he did not submit his cards for welfare for one month and was cut-off - when he called his worker and told him that the job had been a scam and the only thing he was being given were jobs he could not physically do the worker said he would need to reapply for welfare. That is what he did - as well he got a note from a public health nurse that said his back was bad and submitted it to his worker. The worker called the employer and they said that Roger had quit. They told Roger he would need to wait 6 weeks before he could get assistance.
Roger then came to us. We contacted the worker and they said that the nurses's note was not good enough to say Roger had a bad back. Why they did not tell Roger that I am not sure? Then we suggested Roger go to a doctor, which he did and the doctor confirmed the nurse's assessment. The worker said too late the time to appeal the decision had passed - we said we were appealing anyway and the appeal was accepted and a date for the hearing was set.

After negoiating schedules- we finally had a date- I went with Roger to the Halifax office of Community Services. We were in the appeal laying out the facts when the worker asked to be excused to get a document - after waiting more than 20 mins it being clear she was not returning a supervisor Sheila Lenaghan-Hayman came into the room and asked us to step into the hall - we thought something happened to the worker and we would need to reschedule. When I got to the waiting room there was a security guard there as well as the worker and supervisor and I was told I was not permitted in the building and I would have to leave. I was told that if I did not leave I would be arrested - understand I have no warrants, or PPA that would bar me from the building. I asked what was going on - they said because I was a member of HCAP I was not allowed in the building and that no one in the department would deal with me. I advised Roger that he could go on without me but he said no way and that he had waited this long he could wait a little longer.
We contacted the appeal board and they confirmed that the law says that Roger can have an advocate of his choice so the department would need to follow through with the appeal. The second date was set and the appeal was going to happen off-site of the DCS property - Roger,me and the adjudicator showed up at the new location - DCS was supposed to participate by conference call - when we got there they refused to participate and the appeal was cancelled yet again. At this time we submitted a complaint referring to the law and demanding natural justice. A third appeal date was set - this was 6 mos from the original issue. Roger and I showed up for the 3rd appeal hearing and again the department did not show - however unlike times before the appeal went ahead and Roger and I presented our case and the department was absent and silent. After 6 mos. Roger finally had justice - his appeal had been heard and subsequently he won his case.
This case set precidence as it was one of the first off-site of DCS and done without their participation. It was however very stressful and if it was not for the bravery Roger showed to continually stand up for his rights would have ended very differently.