FSCD – How to appeal

What is an appeal

An appeal is when you ask an appeal panel to review a decision the Family Support for Children with Disabilities (FSCD) program has made about your child or family’s eligibility or services. The Citizen’s Appeal Panel:

• is made up of private citizens who are part of the FSCD appeal committee and not Government of Alberta employees.
• has the authority and training to hear your appeal
• may agree with, change or cancel the FSCD program’s decision

Who can appeal

You can appeal a decision the FSCD program made if you are the child’s guardian.

What can be appealed

Under the Family Support for Children with Disabilities Act and Regulation (FSCD Act and Regulation) you have the right to appeal most decisions the FSCD program makes.

The appeal panel can review decisions about:

• your family's or child’s eligibility for the program
• a service you requested that was denied
• the extent of services or the amount of funding provided for a requested service

The appeal panel cannot review decisions about:

• a change in your child's FSCD worker
• your child’s diagnosis or the results of any assessments
• a court decision about your child

For more detailed information, review the FSCD Act and Regulation or contact the Appeals Secretariat.

Steps to file an appeal

Make sure to appeal within the 45-day deadline from the date you:

• got the decision in person, by phone, email or letter
• were told about your right to appeal

The 45-day time limit will be affected if you choose to try mediation to resolve the concern. Mediation is when a person who does not work for the FSCD program assists you and the FSCD program to reach a decision that is agreeable to everyone involved. Your FSCD worker will help arrange mediation.

 If you choose mediation before filing an appeal, the 45-day appeal time limit count will:

• start from the day you were told about the FSCD decision until the day before mediation starts
• restart the day after the mediation ends

If you file an appeal within the 45-day time limit and then request mediation, your appeal hearing will not be scheduled until after the mediation is complete.

Step 1. Fill out an appeal form

• Download: open the Notice of Appeal form in Adobe Reader, read the instructions, fill it in, save it, then print it. Or, print a paper copy and fill it in.
• Paper copy: contact the Appeals Secretariat to pick up a form or have it sent to you by email, fax or mail. When you get it, read the instructions and fill it in.
• Make sure the form is signed.
• Include an Authorization form if someone will be acting on your behalf throughout the appeal process.

Step 2. File your notice of appeal

Make sure to:

• include your signed Notice of Appeal form and the Authorization form if someone will be acting on your behalf
• include a copy of the letter with the FSCD decision you are appealing, if you received one
• keep copies of all documents for your own files

Submit your documents by:

• scanning and emailing them to [email protected], or
• mailing, faxing or taking them to the Appeals Secretariat office or an FSCD office

After you file an appeal

You will get a letter from the Appeals Secretariat saying they received your appeal. They will start setting up your appeal hearing. Contact the Appeals Secretariat when you get this letter, if you:

• need an interpreter since all hearings are in English
• want to get information about organizations that may be able to help you with your appeal
• are waiting for any new information related to the appeal
• choose to try mediation to resolve the concern
• want to withdraw your appeal
• have moved or changed your phone number or email so they can reach you to give you the hearing date – if you do not take part when the hearing is scheduled, it may happen without you and your right to appeal will end

Find out what happens before, during and after the appeal hearing.

Withdrawing an appeal

You can withdraw your appeal at any time. This means it is stopped and you no longer want to appeal the FSCD program’s decision. Tell the Appeals Secretariat as soon as you choose to withdraw your appeal.

Contact

The Appeals Secretariat is a neutral government office that runs separately from the FSCD program.

Connect with the Appeals Secretariat:

Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed 12 to 1 pm and statutory holidays)
Phone: 780-427-2709
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-422-1088
Email: [email protected]

Address:
2nd Floor, Agronomy Centre
6903 116 Street NW
Edmonton, Alberta  T6H 5Z2

Related

• Family Support for Children with Disabilities (FSCD)