The Ontario Disability Support Program is a social assistance program established by the Ontario government in 1997. It provides financial and employment support for persons with a disability who qualify under the legislation. The ODSP provides more generous financial support than the Ontario Works (welfare).
Under the law, one is considered as a “person with a disability” if one meets all the following criteria:
- The person has a substantial physical or mental impairment that is continuous or recurrent and is expected to last one year or more
- The direct and cumulative effect of the impairment on the person’s ability to attend to personal care, function in the community and function in a workplace, results in a substantial restriction in one or more of these activities of daily living
- The impairment and its likely duration and the restriction in the person’s activities of daily living have been verified by a person with the prescribed qualifications
For example, if you have a broken leg that is expected to heal in 8 months, you would not qualify because the impairment is not continuous or recurrent for more than one year.
However, if you suffer from a concussion that substantially interferes with your work performance, you may qualify as a “person with a disability.”
Procedurally, the director of the ODSP determines an applicant’s eligibility for the benefit.
If an applicant is denied the benefits, he or she may apply for an internal review. If the internal review confirms the ineligibility of the applicant, he or she may appeal to the Social Benefits Tribunal for a final determination.
Because there are strict time limits on applications for both internal reviews and appeals, it is important to seek legal advice in a timely fashion if you are denied the benefits.
If you require assistance with an ODSP appeal, please do not hesitate to contact me at 416 433 5531.
Note: This article is not substitute of the legislation. The legislation may have been amended since the publication of the article.
