After you apply – approved or denied

If your application is denied, you can submit an appeal! Make sure to submit your request for an appeal within 30-days from the date you got the decision in person, by phone or letter, and were told about your right to appeal. Before you file an appeal, if there is more information you can give the AISH program to change their decision then there may be no need to appeal. If you are going to provide more information be sure to tell the AISH program about any new personal, financial or medical information you are waiting for, and give the AISH program the new information as soon as you have it. If you decide to appeal, there are two steps to complete

Step 1: Complete a notice of appeal

You must appeal in writing by either filling out an appeal form OR writing an appeal letter.

Option A: Fill out an appeal form

Step 1: Download the AISH Notice of Appeal form or contact an Appeals Secretariat office to pick up an application or have it sent to you by email, fax, or mail.

Step 2: Fill out the form. The AISH Notice of Appeal form will ask you specific questions about the decision you are appealing, Make sure to answer them all fully!

Step 3: Ensure the form is signed.

Step 4: If someone else is completing the application on your behalf, complete the Authorization form.

Option B: Write an appeal letter

Instead of filling out the AISH Notice of Appeal form, you can write an appeal letter. This letter should include the following information:

• Your name, address, email, and phone number(s)
• The AISH decision you are appealing
• The date you received the decision of your AISH application in person, by phone, or letter
• The date you were told about your right to appeal the decision and that you have 30 days to appeal
• Why you are appealing
• Your signature
• An Authorization form if someone else is submitting the appeal on your behalf.

Step 2: File your notice of appeal

Make sure to include your Notice of Appeal Form or your appeal letter. If someone completed your application on your behalf, ensure that you include your Authorization form. If you received a letter with the decision you are appealing, you must also include a copy of it. You should also keep a copy of all submitted documents for your own files.

You can submit your documents by either:

• Scanning the documents and emailing them to CSS.Appeals@gov.ab.ca.
• Mailing, faxing, or delivering them to the closest Appeals Secretariat office or an Alberta Supports or Alberta Works Centre.

After you have filed an appeal

If the matter is resolved, the AISH program will contact you to explain the next steps.

If the matter is not resolved, the AISH program will contact you to explain the next steps you can take. The Appeals Secretariat will set up your appeal hearing. You may contact the Appeals Secretariat if you:

• Want to give another person the authority to act on your behalf for the appeal process
• Are inviting someone to support you at your hearing
• Want information about organizations that can help you with your appeal
• Need an interpreter

After your appeal hearing is scheduled, the Appeals Secretariat will send you a letter explaining the reason(s) their decision will not change and any relevant documents.

The Appeal Hearing

At the appeal hearing, there will be three appeal panel members: one chair and two panel members. You and/or the person who is acting on your behalf and someone from the AISH program will also be present.

During the appeal hearing, the department representative will have the opportunity to state the reason your application was rejected. You will then be given the opportunity to present your views on why your application should be accepted. A panel will make a final decision on your application and will let you know the final decision in writing.

For more information about the appeal hearing process, you can see the AISH - Appeal Hearing section on the AISH website.

Withdrawing an appeal

You can withdraw your appeal at any stage. If you withdraw you appeal, the appeal process is stopped and you indicate that you no longer want to appeal the decision. You can request a withdrawal of your appeal by contacting the Appeals Secretariat.

Concerns about the Appeal Hearing

If you have concerns about whether the appeal hearing was unfair, you have two options.

File a complaint to the Ombudsman

The Alberta Ombudsman’s office cannot reverse or change an appeal panel decision. However, they can review the appeal process to determine if there were any aspects that were handled unfairly. They can also make recommendations to the appeal panel, which can include making a recommendation to re-hear your case.

Apply for a judicial review

The judicial review is reviewed through the Court of the Queen’s Bench. To apply for a judicial review, you will need to file an Originating Application for Judicial Review. The Court of the Queen’s bench cannot reverse or change an appeal panel decision. They can decide if the appeal panel acted within their legal authority, conducted the appeal fairly, and made a reasonable decision. If the Court of the Queen’s Bench finds your case was handled unfairly, they will send your case back to the appeal panel, with new panel members appointed.

Choosing the best option if you are denied

Here are some common reasons that people are denied with advice on the next step to take:

If you were denied because:	Then take this step:
You do not meet the age requirement.	Wait until you are 18 years old and reapply.
Your disability was not the main reason you are unable to work.	You may want to consider applying for other forms of financial assistance such as Alberta’s Income Support program. This program can provide financial support but does not require that your disability be the primary reason you are unable to work.
Your medical condition stated on the physician report does not meet the criteria of having the likelihood of being permanent and does not show as a limiting factor in your earning a living	If you believe that your physician did not fully describe your disability and its impacts on the Medical Report, talk to physician and explain the intent of the process and ask for a reconsideration of how the diagnosis is presented. If your physician is willing to provide a more complete description, then ask for a reconsideration of your AISH application with the new information.
Your disability did not meet the requirements.	You may want to consider applying for other forms of financial assistance such as Alberta’s Income Support program. This program can provide financial support but does not require that you have a disability.
Your income or assets did not meet the requirements.	If an error was not made, you may not qualify for AISH. You can consider reapplying for AISH if your financial situation changes. If you disagree with the decision made about your financial eligibility, you can request an appeal to have this decision reconsidered.
You have not applied first to other benefits that you may be eligible for such as CPP disability, EI and WCB.	Apply first to any other benefits that you are eligible for, and then re-apply to AISH.