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Can I appeal a decision about ODSP?

Can I appeal a decision about ODSP?
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Hamilton Community Legal Clinic
Hamilton Community Legal Clinic

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Can I appeal a decision about ODSP?
This question has an answer and 5 steps
November 19, 2019

Long delays for appeal hearings

If you're appealing a decision made by OW or ODSP in 2020, your appeal hearing may not happen for a long time. People report that they're getting hearing dates from the Social Benefits Tribunal that are between 9 and 16 months in the future. We'll update this information as things change.

You may be able to appeal to the Social Benefits Tribunal (SBT) if you get a decision from your local Ontario Disability Support Program (ODSP) office or from the Disability Adjudication Unit:

  • refusing to give you income support
  • reducing the amount of income support you get
  • cutting off your income support
  • saying that you have an overpayment

To appeal means that you ask the SBT to decide that the decision is wrong.

The SBT is not part of ODSP and has the power to make a different decision.

Asking for an internal review

Before you can appeal a decision about ODSP income support to the SBT, you must ask for an internal review of the decision. If the decision was that you’re not a person with a disability, you ask the Disability Adjudication Unit for an internal review. For other decisions, you ask your local ODSP office.

In an internal review, someone in the office that made the decision reviews it and decides whether or not to change it. This is a different person than the one who made the decision that you disagree with.

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