How to Request Reconsideration of a Canada Disability Benefit Decision

When can you ask Service Canada to reconsider a decision?

Reconsideration is the formal review route when you disagree with a Canada Disability Benefit decision. Service Canada specifically identifies reconsideration for people who disagree with an eligibility decision or payment amount, or who think an error was made.

The Canada Disability Benefit Regulations provide the legal basis for reconsideration. A person who is dissatisfied with a decision that no benefit be paid, or with a decision about the amount of benefit received or to be received, can ask the Minister to reconsider it.

This is different from making a new application. It asks Service Canada to review an existing decision.

What is the deadline to request reconsideration?

You normally have 180 days after you are notified in writing of the decision to request reconsideration. Service Canada's instructions tell applicants to submit the request within 180 days of the date on the decision letter, which appears in the top-right corner.

Do not confuse this deadline with reconsideration rules for other federal disability programs. The Canada Disability Benefit has its own reconsideration rules under the Canada Disability Benefit Regulations.

What information must your reconsideration request contain?

Section 18 of the Canada Disability Benefit Regulations requires the request to be made in writing and to contain:

• your name and address;
• your Social Insurance Number or the reference number assigned to your Canada Disability Benefit application;
• if you are incapable of managing your own affairs, the name and address of your representative;
• the decision for which you are requesting reconsideration; and
• a statement of the reasons and facts that form the basis of your request.

Service Canada also states that it will review any new information provided with your request. If you have material that directly addresses why the original eligibility or payment decision was wrong, include it with the reconsideration request rather than simply stating that you disagree.

Is there an official reconsideration form?

Yes. Service Canada's Canada Disability Benefit instructions provide a printable reconsideration request form. Complete the current form provided through the official Canada Disability Benefit service rather than relying on an unofficial template.

The legal requirement is that the reconsideration request be in writing and contain the information prescribed by the Regulations.

Where do you submit the reconsideration request?

Service Canada currently provides two submission routes for the completed reconsideration request:

• drop it off at a Service Canada office; or
• mail it to Service Canada Centre, CDB Processing Centre, P.O. Box 60, Boucherville, QC J4B 5E6.

The official reconsideration instructions currently direct applicants to the printable form and these in-person or mail submission routes. They do not publish an online submission route for the formal reconsideration request.

Should you provide new information with the request?

Yes, when it is relevant. Service Canada states that it will review your application and any new information provided in your reconsideration request.

Your explanation should focus on the decision you are challenging. For example, if the disagreement concerns the amount of your benefit, explain the facts that you believe affected the calculation incorrectly and provide relevant supporting information. If the decision concerns eligibility, address the reason given in the decision letter.

A reconsideration is stronger when it identifies the disputed finding and provides facts that directly address it rather than only saying that the result is unfair.

What if you missed the 180-day deadline?

Service Canada tells applicants who submit after 180 days to explain what prevented them from submitting sooner. The Canada Disability Benefit Regulations set specific legal rules for extensions.

A request to extend the 180-day period must be made no later than 185 days after the original 180-day period ends. The Minister must allow an extension when satisfied that at least one of the situations specified in the Regulations occurred and significantly affected your ability to meet the deadline.

The listed situations are:

• an emergency where a federal or provincial minister declared a state of emergency;
• a natural or human-made disaster, such as a flood or fire;
• a civil disturbance, such as a riot;
• a disruption in public services, such as a strike;
• a serious accident, injury or illness you suffered; or
• emotional or mental distress, such as distress resulting from a death in your family.

Service Canada's general instruction to explain a late request should therefore be read together with these regulatory conditions. A late request is not automatically accepted simply because an explanation is provided.

Who reviews the decision the second time?

Service Canada states that your reconsideration request will be reviewed by people at Service Canada who were not involved in making the original decision on your application.

Under the Regulations, the Minister may confirm, amend or rescind the original decision. The reconsideration can result in approval of a benefit, a different benefit amount or a determination that no benefit is payable.

How long does reconsideration take?

There is currently no fixed Canada Disability Benefit reconsideration processing time published on Service Canada's benefit instructions.

The Regulations require the Minister to reconsider the decision within a reasonable time. Service Canada then sends the reconsideration decision by mail. The written decision must include the reasons for the result.

Do not use the initial Canada Disability Benefit application processing estimate as a reconsideration estimate. Service Canada's initial application page gives separate expected timelines for the first eligibility decision, not for reconsideration.

Can someone request reconsideration for you?

A legal representative can request reconsideration on someone's behalf. The Regulations also state that if a person is incapable of managing their own affairs, their representative may act on their behalf, including making a request for reconsideration or an appeal.

This is different from merely authorizing someone to communicate with Service Canada. Service Canada says an authorized person can perform certain communication tasks but cannot ask for a formal reconsideration unless they have the separate authority required to act as the person's legal representative.

What can happen after reconsideration?

After reviewing the request, the Minister can confirm, amend or rescind the original decision. The Minister may approve payment of the benefit, determine the amount payable or determine that no benefit is payable.

You must be notified in writing of the reconsideration decision and the reasons for it. Service Canada states that the decision is sent by mail.

What if you still disagree after reconsideration?

If you disagree with the reconsideration decision, the next formal review route is an appeal to the Social Security Tribunal of Canada.

The Canada Disability Benefit Regulations designate the Social Security Tribunal as the appeal body. For benefit eligibility and benefit-amount decisions covered by the reconsideration rules, you must first complete reconsideration before the resulting Minister's decision can be appealed to the Tribunal.

Do not skip directly from the original eligibility or payment decision to the Tribunal when the Regulations require reconsideration first.

Make sure you are challenging the right benefit decision

The Canada Disability Benefit is separate from Canada Pension Plan disability benefits, the Disability Tax Credit and provincial disability programs. Their reconsideration or objection processes can have different deadlines and requirements.

If your issue is instead about long-term inability to work and CPP disability eligibility, see Helpydo's guide to CPP disability benefits. If you already receive the Disability Tax Credit and are planning long-term disability savings, the guide to opening an RDSP covers that separate program.

Common mistakes to avoid

• Waiting beyond 180 days: submit within the normal deadline whenever possible. Late extensions are governed by specific regulatory conditions.
• Not identifying the decision: your written request must state which decision you want reconsidered.
• Only saying that you disagree: the Regulations require the reasons and facts forming the basis of your request.
• Leaving out identification details: include your name and address and either your SIN or benefit-application reference number.
• Using an authorized contact as if they were a legal representative: Service Canada says an authorized person cannot make a formal reconsideration request simply because they are authorized to communicate about the benefit.
• Trying to appeal the original benefit decision directly: for the covered eligibility and amount decisions, the Regulations require reconsideration before an appeal to the Social Security Tribunal.