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

3. Follow the SBT rules

The (SBT) has detailed rules about appeals that you have to follow.

Rules about documents

There are rules about how you must prepare the documents that you create. And you must include a cover page that lists all of the documents that you file with the SBT.

You file your documents when you give them to the SBT and have followed the rules about how to do this.

These are 3 ways to file documents with the SBT:

  1. taking them or having someone else take them to the SBT head office
  2. sending them by mail
  3. faxing them to 416-326-5135, if you have no more than 30 pages

If you have more than 30 pages and you want to fax them, you have to ask the Registrar of the SBT if you can do this.

Deadlines

If you're appealing a decision that says you're not a person with a disability, you have to file any new medical information at least 30 days before the hearing.

Any other documents are due at least 20 days before your hearing.

You must also give copies of the documents to the office that made the decision you're appealing. This is either the or your local ODSP office.

To prove that you've done this, you fill out a Statement of Delivery (Form 7) and file it with the SBT.

Rules about witnesses

You'll almost always be a witness at your hearing.

If you have other witnesses, you must give their names to the SBT and to the office that made the decision you're appealing.

You must do this at least 20 days before your hearing.

Keep copies

Keep a copy of everything you file with the SBT. And make sure you have proof of the date that you:

  • file something with the SBT
  • deliver something to the Disability Adjudication Unit or the your local ODSP office

If you don’t follow the rules

If you don't follow all of the rules, the SBT can refuse to:

  • consider documents
  • hear from a witness
  • consider evidence
  • consider your reasons for appealing

Even if you don't follow the rules, the SBT may decide that they will still:

  • look at your documents and evidence
  • hear from your witnesses

But they do not have to do this. So, it's very important to follow the rules if you can.

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