Advocacy Access Help Sheet 11A BC Disability Benefits	Download in PDF format.
Appealing denial of the Persons with Persistent and Multiple Barriers to Employment (PPMB) Benefit: The Request for Reconsideration
This Help Sheet funded by the Legal Services Society of BC and the Health Sciences Association of British Columbia.
In This Sheet How to appeal the denial of your PPMB benefit How to apply for a Request for Reconsideration Act immediately Get a Request for Reconsideration form Complete the Request for Reconsideration form Additional Supporting Information Submit your Request for Reconsideration		The Help Sheet series is prepared by BCCPD's Advocacy Access program.

 

If you have applied for Persons with Persistent and Multiple Barriers (PPMB) to Employment benefit and have received a letter from the Ministry of Social Development (MSD) denying your application, you have the right to appeal the Ministry’s decision. You can file a Request for Reconsideration.

This Help Sheet is designed to help you understand the appeal process and how to make your Request for Reconsideration. The Help Sheet gives you information that may improve your chance of being successful in asking the Ministry to reconsider and approve your application for PPMB.

If you are looking for assistance to apply for PPMB, see Help Sheet 6 (PDF or online).

How to appeal the denial of your PPMB benefit

There are two levels in the appeal process:

Level 1: The Request for Reconsideration

If your Request for Reconsideration is successful MSD will give you the PPMB benefit.

Level 2: The Appeal Tribunal

If MSD turns down your Request for Reconsideration you can go to the next level of the appeal process and ask for an Appeal Tribunal. Help Sheet 11B (PDF or online) can help you with this.

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How to apply for a Request for Reconsideration

When you receive a letter from the MSD saying that your application for the PPMB benefit has been denied, you should take the following steps:

1. Act immediately

It is very important to start work on your Request for Reconsideration right away because you have only 20 business days to get your completed request to your local MSD office. Day 1 is the day after you receive the denial letter from the MSD.  From that day, you count weekdays, but not weekends or holidays.

While it is better to do your Request within the 20 business days, the Ministry will allow an extension if you need additional time to obtain and submit supporting documentation, but you must notify the Ministry before the end of your 20 business day deadline. If you are given an extension, the Reconsideration decision will be made 20 business days from the day your extension is granted. Please note that, even if you have an extension, you must submit your supporting documentation before the extension deadline.

In special situations, the MSD may permit you an extension if you miss your original 20-business day deadline, for example if you are too sick to inform the Ministry that you want to ask for a Reconsideration or that you need an extension. You should contact the Ministry as soon as you can and explain why you have missed the deadline.

Tip: Write the date on the top of the denial letter from the MSD as soon as you get it, so you can always figure out how many days you have before the deadline.  

2. Get a Request for Reconsideration form

You get the Request for Reconsideration form from an Employment and Assistance Worker (EAW). Advocates do not have copies of these forms.

Tip: Call before you go to your MSD office to pick up the Request for Reconsideration form. That way, an EAW will be able to fill out their sections of the form before you pick it up.

When you leave your MSD office you should have the following:

• The Request for Reconsideration form.    
• A copy of the PPMB Medical Report filled out by your doctor.
• The denial letter from the MSD that says the Ministry has turned down your application for PPMB. You should already have a copy of this letter.
• The Employability Screen that was completed by an EAW.
• Any letters or records you or your doctor may have sent to the MSD with your PPMB application.

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3. Complete the Request for Reconsideration form

Section One: This should have been completed by an EAW. It includes your name and current address. Make sure this information is correct.

Section Two: This is completed by an EAW. Check to make sure all the following information is there:

• What the MSD’s decision is. Usually the EAW will have written what your PPMB denial letter says.
• If you are already receiving PPMB, the month the decision is effective. The MSD allows a 3 month transition period before your benefits are reduced.
• The date you received the denial letter from the MSD. Check to make sure the date is correct as this affects how long you have left out of the 20 business days to submit your Request for Reconsideration. We recommend that you write down the date your Request for Reconsideration is due.
• The law the MSD used to make its decision. The Regulation dealing with PPMB says that in order to qualify for the benefit:

• You must have been receiving income assistance for 12 out of the previous 15 months immediately before you apply.
• Your doctor must say that you have a medical condition that has lasted for 1 year and is likely to continue or reoccur often for at least 2 more years. Note: Addictions of any kind do not count as a Your doctor must explain how your medical condition stops you from looking for, accepting, or continuing your employment.

Section Three:  This section is completed by you.

• The MSD denial letter gives the reasons why the Ministry turned down your application for PPMB. Read the reasons very carefully and compare them to what your doctor put in the Medical Report. The MSD might have turned you down because of the information that your doctor put in the Medical Report or it might be because of some information that your doctor left out. Look at what your doctor said about your medical condition(s) and how it affects your ability to work.
• Is there something in the Medical Report (or left out of the Medical Report) that hurt your application for PPMB? For example, has your doctor said anything about you being able to do light work? Has your doctor failed to provide details about how your medical condition(s) prevent you from working? If so, the MSD could use this as a reason for denying your application.
• Fill in Section Three of the form by explaining the barriers you face in finding or keeping a job. Give actual examples of any problems you have had. If someone has said that you could be retrained, explain why this would be difficult for you. Or if you have tried retraining, explain why you have been unable to complete it or why it did not lead to employment.

Section Four: This section is also completed by you. You must sign the form, date it, and include your phone number if you have one.


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4. Additional Supporting Information

Additional information–particularly medical letters–is very important for the best chance of success with your PPMB Request for Reconsideration. Here are some ideas that might help:

• Talk to your doctor about the information he or she provided in the PPMB Medical Report and explain how it hurt your application. Discuss with your doctor how important the PPMB benefit is for you and your health. Ask your doctor for a letter that explains why your condition stops you from looking for, accepting, or continuing employment. Remember, the MSD wants details about how your medical condition(s) prevent you from working or being retrained. It is important that your doctor writes this letter quickly because of the deadline for getting your Request for Reconsideration into the MSD office. Unfortunately, the MSD will not pay for medical letters for a Request for Reconsideration.
• It may also help your Request for Reconsideration if you provide MSD with documents from other professionals or support people who know your work limitations. Consider who to ask for a letter. Remember, the MSD will place more value on a letter from a doctor than one from a friend.

5. Submit your Request for Reconsideration

As soon as you have completed your Request for Reconsideration take it to your local MSD office. Check the deadline. Do not wait until the last minute. Make sure you get a copy.

Remember, if the MSD turns down your Request for Reconsideration, you can request an Appeal Tribunal. See Help Sheet 11B (PDF or online) for information on this.


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