Information

Accelerated Hearing Process (AHP) FAQ

Table of contents

General

What is the Accelerated Hearing Process?

The Accelerated Hearing Process (AHP) is a new initiative designed to increase the number of hearings that can be held each week by scheduling hearings for claims that are not hearing-ready alongside hearing-ready cases in order to fill a week with hearings in a given geographic area.

The benefits of the AHP include earlier hearing dates for claimants and an increase in the number of hearings that can be held each week. The AHP will also preserve claimants’ testimony by allowing hearings to proceed even though all of the required documents are not ready.

What is an accelerated hearing?

An accelerated hearing is an IAP hearing that is scheduled even though some mandatory documents have not been submitted. Accelerated hearings are scheduled alongside hearing-ready cases (regular hearings) in the same week in a given geographic area.

How will the AHP affect claimants who need a hearing urgently because they are in failing health?

The Adjudication Secretariat will continue to schedule expedited hearings for claimants who provide medical evidence that any delay in hearing their testimony involves a significant risk that they may pass away or lose the capacity to attend a hearing. These hearings will continue to be the top priority for scheduling.

How will the AHP affect claimants who have submitted all mandatory documents and whose claims are hearing-ready?

The Adjudication Secretariat will continue to schedule hearings on a timely basis for claimants whose claims are hearing-ready. Normally, these hearings are scheduled in ‘blocks’ of multiple hearings in the same location. Accelerated hearings, for claims that are not yet hearing-ready, may be added to these blocks to increase the number of hearings held each week.

How is an accelerated hearing different from an expedited hearing?

Expedited hearings are scheduled on an emergency basis when the claimant provides medical evidence that any delay in hearing their testimony involves a significant risk that they may pass away or lose the capacity to attend a hearing. Generally, the Adjudication Secretariat is able to schedule an expedited hearing on two weeks’ notice when necessary.

Accelerated hearings are not scheduled on an emergency basis. Rather, they are scheduled far in advance to maximize scheduling efficiency.

How is an accelerated hearing similar to an expedited hearing?

As with the current expedited hearing process, an accelerated hearing can be scheduled even if some of the required documents are not available. This will ensure that the claimant’s testimony can be heard in a timely manner. If the claim cannot be concluded by the time of the hearing, final submissions will be made after all of the required documents have been submitted. The adjudicator will not begin writing a decision until after final submissions have been made.

How is an accelerated hearing different from a normal hearing?

The hearing will be very similar to a normal hearing. The primary purpose of the hearing is to hear the claimant’s evidence in a timely manner. Generally, final submissions will not take place at an accelerated hearing. Rather, they will be made once all the required documents have been submitted. The adjudicator will not begin writing a decision until after final submissions have been made.

Will claims be resolved more quickly because of the Accelerated Hearing Process?

Some claims may be resolved more quickly under the AHP, but this will not be the case in many claims. The primary objective of an accelerated hearing is to ensure that the claimant’s testimony is heard in a timely manner. All the normal steps in the hearing process still take place, including mandatory document submission, final submissions, and decision-writing.

In most cases, the time between the claim being admitted and the decision being rendered in the AHP will probably be about the same as for hearings in the regular process.

Will claimants wait longer for a decision in the AHP than in cases where documents are submitted prior to the hearing?

The situation will vary from claim to claim. If all of the required documents have not been submitted at the time of an accelerated hearing, the claimant may wait longer for a decision than if all documents are submitted before the hearing.

However, adjudicators are expected to manage accelerated files actively, before and after the hearing, to reduce the time claimants must wait for a decision.

The time between a hearing and a decision can be stressful for many claimants. Lawyers must ensure that claimants have access to Resolution Health Support Workers and other emotional support mechanisms. As well, lawyers should provide realistic time expectations to their clients and keep them updated on a regular basis. A decision cannot be written until all required documents have been submitted and final submissions have been made.

Self-represented claimants should advise their Claimant Support Officer if they require access to Resolution Health Support Workers or other emotional support mechanisms.

Will the quality of the hearing experience or the amount of compensation be changed by participation in the Accelerated Hearing Process?

No. Hearings will continue to be conducted by specially selected and trained adjudicators who hear the claimant’s evidence. The adjudicator will not make a final decision on compensation until all of the required documents have been submitted and final submissions have been made.

Will the rights of alleged perpetrators be affected in the Accelerated Hearing Process?

No. Alleged perpetrators will still be contacted and have the right to participate on the same basis as any other claim. Hearings for alleged perpetrators are normally held after the claimant’s hearing. As in any other case, the claimant may be recalled to give further testimony after the alleged perpetrator’s hearing, although this happens rarely.

Will legal fees be affected in the Accelerated Hearing Process?

No. The normal process for legal fee reviews applies to all IAP claims.

Is this change temporary or permanent?

The Adjudication Secretariat plans to implement the AHP on a permanent basis, although the number of claims that receive an accelerated hearing at any one time will depend on the number of expedited and regular hearings scheduled.

The Adjudication Secretariat will continue to seek improvements to the process that it uses to resolve claims.

Is this process optional?

Yes. No claimant is required to have an accelerated hearing if they do not want to. The Adjudication Secretariat expects that lawyers will advise their clients of this option and act on their client’s instructions.

Self-represented claimants whose files are suitable for an accelerated hearing will be contacted by their Claimant Support Officer.

If a claimant chooses not to have an accelerated hearing, he or she is still eligible for an expedited hearing upon presentation of the appropriate medical evidence, or a regular hearing once all of the required documents have been submitted.

How will cases be selected for an accelerated hearing?

The Adjudication Secretariat will suggest cases that could go through the AHP. In selecting cases, the Secretariat will take into account the priorities in the Settlement Agreement, including the claimant’s age and health. As well, the Secretariat will consider the length of time since admission and the efficiency of scheduling an accelerated hearing.

Once the Adjudication Secretariat has identified potential claims for accelerated hearings, the files will be presented to the claimant’s counsel, or the claimant’s support officer, to determine if the case should be considered for the AHP.

Self-represented claimants

How can self-represented claimants participate in the AHP?

The Adjudication Secretariat will review the cases of self-represented claimants to identify those that are suitable for an accelerated hearing. Self-represented claimants can assist in this process by:

  • maintaining regular contact with their Claimant Support Officer;
  • providing their Claimant Support Officer with up-to-date information on their health and preferred hearing location; and
  • considering whether they are willing to travel to an alternative hearing location where blocks of hearing-ready files are more likely to be scheduled.
  • indicating to their Claimant Support Officer whether they are willing to proceed with an accelerated hearing with an adjudicator who is either male or female;

Self-represented claimants whose files are suitable for an accelerated hearing will be contacted by their Claimant Support Officer.

The Secretariat’s Claimant Support Officers will make every effort to provide accurate and timely information to self-represented claimants. They do not, however, act as an advocate or legal counsel.

Travel and logistics

Travel and logistical arrangements for accelerated hearings are the similar to those for regular hearings, but there are several important differences. Claimants should consult their lawyer for further details. Self-represented claimants should check with their Claimant Support Officer, or call the IAP Information Line at 1-877-635-2648.

After the hearing

What happens if a medical or expert assessment is required after the hearing?

The process for medical or expert assessments for accelerated hearings is the same as for regular hearings.