How do I prepare for an ODSP hearing at the Social Benefits Tribunal?

2. Gather your evidence

It’s up to you to prove that the Ontario Disability Support Program (ODSP) decision is wrong. You do this by presenting evidence that the (SBT) considers in making its decision.

The evidence has to relate to what it is that you need to prove. Evidence includes what you and any other witnesses say and documents that you give to the SBT.

Documents that show you have a disability

If you’re appealing a decision by the , you need medical evidence that shows you’re a person with a disability.

The SBT will have the that you sent to the Disability Adjudication Unit when you applied. You may want to contact a community legal clinic to find out if you should get more medical evidence.

Any new medical evidence that you get has to show that you had a disability when the Disability Adjudication Unit made their decision.

Documents that relate to whether you qualify financially

If you’re appealing a decision by the local ODSP office, below are some documents that may be useful as evidence:

  • financial , such as bank statements
  • separation agreements, divorce papers, or custody documents
  • rental agreements

Bringing witnesses

You’ll be an important witness at your appeal hearing. And you may know someone else who can give evidence that will help you.

You can ask the SBT to require a witness to come to your hearing. You do this using a Request for Summons.

You’ll need to do this if the witness:

  • isn’t willing to come unless they’re forced to
  • needs an official document, for example, to show their employer why they need to take time off work

If you think you’ll need to do this, you may want to contact a community legal clinic for help.

Following SBT rules

The SBT has detailed rules that you have to follow if you want them to consider your evidence.

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