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If you disagree with the Administrator’s decision about your Claim, you may have the option to request an appeal of the decision and have it reviewed by a Third-Party Assessor.

Important: If you need help with your appeal, call the Administrator at 1‑833‑852‑0755 and ask for a Claims Helper.

What is an appeal?

An appeal is a Claimant’s request to have an Administrator’s decision reviewed independently.

Appeals are decided by a Third-Party Assessor who is appointed by the court and is completely independent of the Administrator.

The Third-Party Assessor will carefully consider your request and issue an Appeal Decision that will either confirm or overturn the Administrator’s decision. The Third-Party Assessor’s Appeal Decision is issued in writing directly to the Claimant. All Appeal Decisions are final.

How to appeal the Administrator’s decision

For decisions that can be appealed, the decision letter you receive from the Administrator will include instructions on how to appeal the decision.

An appeal can only proceed if it meets certain mandatory requirements:

  1. The Claimant must submit a Request for Appeal Form that has been completely filled in
  2. The decision being appealed must be appealable under the terms of the Settlement Agreement
  3. The Form must be received by the Administrator by the Appeals Deadline

Completing the Request for Appeal Form

The Request for Appeal Form provides space for you to explain your reasons for appealing the Administrator’s decision. You should include as much detail as possible. If required, you can attach extra pages and submit them with the Form.

Don’t forget to include:

  • Your full name
  • Your Claim ID number
  • Your date of birth

Sign and date the form and send it to the Administrator by email, mail or fax.

What decisions can be appealed?

Under the Settlement Agreement, certain types of decisions can be appealed, such as:

  • An Eligibility decision that a Claimant is not a Class Member
  • Decision that a Claimant is not entitled to an Enhancement Payment
  • A refusal to extend the Claims Deadline for an individual Class Member only if the Request for Deadline Extension Form and/or Claim Form is received within 12 months of the Claims Deadline. Requests for Deadline Extension Forms and Claim Forms submitted more than 12 months after the deadline will be refused, and no appeal is possible.
  • A dispute between Removed Child Family Class Members

What decisions cannot be appealed?

Under the Settlement Agreement, certain types of decisions cannot be appealed, such as:

  • Base compensation amount of $40,000
  • Denial of request to extend the Claims Deadline
  • Inconclusive Eligibility determination
  • Timelines set out under the Settlement Agreement and Claims Process
  • Denial of Request to Appeal
  • Third-Party Assessor’s Appeal Decision
  • Decline of Claim submitted when the Claimant was more than two years from the Age of Majority

Appeals deadline

You have 60 days from the date you receive the decision letter to submit a complete Request for Appeal Form. Your appeal request must be received by the Administrator by the end of the 60-day period.

What happens after I submit my Request for Appeal Form?

The Administrator will review your Request for Appeal Form to make sure it has been completely filled in and includes the reasons you are appealing the decision.

If your Request for Appeal Form is incomplete, is received late, or if the Administrator’s decision is a type that cannot be appealed, the Administrator will send you a Denial of Request for Appeal Letter that will explain why your request was denied.

If your Request for Appeal Form is complete, is received within the 60-day period, and the decision can be appealed, the Administrator will forward the Form to the Third-Party Assessor.

The Third-Party Assessor will contact you directly if they need more information before issuing an Appeal Decision. The Appeal Decision Letter will be sent to your mailing address, and a copy will go to the Administrator.

In most cases, the Third-Party Assessor will issue their Appeal Decision letter within 6 months.

Where to get help with an appeal

Claims Helpers can help you understand the appeals process and complete your Request for Appeal Form. Call the Administrator at 1‑833‑852‑0755 and ask for a Claims Helper.