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I disagree with a decision from OW. What can I do?
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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 Ontario Works (OW):
- refusing to give you financial assistance
- reducing the amount of assistance you get
- cutting off your assistance
- saying that you have an overpayment
To appeal means that you ask the SBT to decide that the OW decision is wrong.
The SBT is not part of OW and has the power to make a different decision.
Asking for an internal review
Before you can appeal an OW decision to the SBT, you must ask for an internal review of the decision.
Someone in the OW office reviews the decision and decides whether or not to change it. This is a different person than the one who made the decision that you disagree with.
1. Get the OW decision
When Ontario Works (OW) makes a decision about your assistance, they’re supposed to put it in writing. This is called a Notice of Decision.
The local OW office sends you the Notice of Decision. The Notice of Decision is supposed to include the reasons for the decision.
If someone from OW tells you about a decision but you don’t get a Notice of Decision, contact your local OW office right away and ask for one.
If you’re applying to OW
You can’t get assistance from OW unless you meet with them to complete your application. And if OW does not want to give you assistance, you can’t appeal unless you complete your application and they make a decision.
If you talk to an OW worker on the phone and they don’t want to give you an appointment to complete your application, ask to speak to a supervisor. Tell the supervisor that you want to complete your application.
If there’s still a problem, contact your community legal clinic right away.
If your assistance is being cut off or reduced
You may want to contact your OW worker if:
- you don’t understand the decision
- you don’t understand the reasons for the decision
- you can give OW information that might change the decision
Talking to your worker might help. But you don’t have to do this.
2. Ask for an internal review
Before you can appeal to the Social Benefits Tribunal (SBT) about an Ontario Works (OW) decision, you must ask OW to do an internal review of its decision.
This means that someone in the OW office reviews the decision and decides whether or not to change it. This is a different person than the one who made the decision you disagree with.
Deadline to ask for an internal review
You must ask for an internal review within 30 days from the date you got the decision.
If OW mails its decision to you, the rules say that you get it 3 days after they mail it to you. So your deadline is no later than 33 days from the mailing date.
There should be a mailing date stamped on the envelope by Canada Post. It might not be the same as the date on the letter.
Always keep the letter and the envelope so you can prove when you got a letter or notice.
Step 4 talks about what you can do if you miss the deadline.
How to ask for an internal review
You write to the OW office that made the decision you disagree with and ask them to do an internal review. The office address is in the Notice of Decision.
You can use this form letter to ask for internal review. Or, you can write your own letter.
What information to include
Make sure to include:
- your name and address
- the date on the Notice of Decision
- the date you got the Notice of Decision
- your member identification number, which has 9 digits and is on the Notice of Decision
Say that you want an internal review.
It may be helpful to give reasons why you don’t agree with the decision. But meeting the deadline is more important than giving detailed reasons.
You can also include new information or documents that help show why you disagree with the OW decision.
A community legal clinic may be able to help you ask for an internal review.
3. Deliver your internal review request by the deadline
Sign and date the letter you’ve written asking for an internal review. Make sure you keep a copy.
You can send your request to the Ontario Works (OW) office by fax or mail. Or you or someone else might be able to take the letter to the OW office.
The office address is on the Notice of Decision that OW sends you.
Proving when you made your request
If you take the letter to the OW office, ask for a receipt to prove when you delivered it.
If you fax it, get a report from the fax machine to show the date the fax was sent.
If you mail it, make a note of the date you put it in the mail.
4. Take steps if you missed the deadline
You have 30 days from when you get the Ontario Works (OW) decision to ask for an internal review.
If you miss the deadline, ask for an internal review as soon as you can.
Explain why your request is late and ask for more time.
Explaining why you missed the deadline
If you can show that you have a good reason, you might still get an internal review.
Here are some examples of good reasons for missing the deadline:
- You were in the hospital or in jail.
- You contacted a lawyer or legal clinic and were waiting to get legal advice from them.
- You have problems with reading or writing.
- OW mailed its decision and it took longer than 3 days to reach you.
5. Learn about SBT appeals
Some Ontario Works (OW) decisions can be appealed to the Social Benefits Tribunal (SBT).
But even if you can appeal to the SBT, you have to first ask for an internal review. See Step 2.
Decisions you can appeal
You can appeal to the SBT if the decision is about:
- getting on assistance
- changing the amount of assistance you get
- having your assistance cut off
- having an overpayment
- sending your cheque to a trustee, if you’re 18 or older
You can also appeal other types of decisions that affect you, such as whether:
- you or someone you live with qualifies for a special diet allowance
- OW will give you an employment and training start-up allowance to pay for certain costs related to working or training
- OW will pay for certain health care supplies or travel costs that you have for medical reasons
Decisions you cannot appeal
You cannot appeal to the SBT if the decision is about:
- getting “discretionary benefits”, such as paying for a funeral
- making payments to someone else, for example, if OW decides to pay your rent directly to your landlord
- getting emergency assistance
- sending your cheque to a trustee, if you’re younger than 18 years old
- refusing to give you extra time to ask for an internal review
If a decision cannot be appealed
Even if the law says that a decision cannot be appealed, you can still ask OW for an internal review.
Explain why you think the decision should be changed and include any information that supports your reasons.
If OW refused to give you extra time to ask for an internal review, talk to a community legal clinic about other things you might be able to do.
If you’re not sure
If you’re not sure if you can appeal the decision, you can still start an appeal.
Talk to a community legal clinic if you want to appeal a decision but aren’t sure if you can.