Navigating Ontario's social assistance system can be overwhelming. Whether you've been denied, had benefits cut, or received an overpayment notice, you have the right to appeal.
Ontario Disability Support Program (ODSP)
ODSP provides income and employment supports to people with disabilities. To qualify, you must:
- Have a substantial physical or mental impairment that is continuous or recurrent
- Meet the financial eligibility test (asset and income limits)
- Be an Ontario resident aged 18 or older
Ontario Works (OW)
Ontario Works provides temporary financial assistance while you look for work. Eligibility is based on financial need — there is no disability requirement.
Common Reasons for Denial or Cut
- Failure to meet the disability definition (ODSP)
- Exceeding asset or income limits
- Alleged failure to participate in employment activities (OW)
- Unreported income or assets
- Change in household composition
The Appeal Process
- Internal Review — Request a review by your caseworker's supervisor within 30 days of the decision. This is free and required before the next step.
- Social Benefits Tribunal (SBT) — If the internal review fails, appeal to the SBT within 30 days of the internal review decision. Hearings are held virtually or in person.
- Divisional Court — Further appeals on questions of law only, with leave of the court.
Deadlines Are Strict: Missing the 30-day appeal window at either stage can end your right to appeal. Contact a paralegal immediately upon receiving a decision you disagree with.
Overpayment Notices
If you received more benefits than you were entitled to, the Ministry may demand repayment. You can:
- Request an internal review of the overpayment amount
- Negotiate a repayment plan (amounts deducted from ongoing benefits)
- Challenge the overpayment calculation at the SBT
Legal Representation at the SBT: Licensed paralegals are permitted to represent clients at the Social Benefits Tribunal. This can significantly improve your chances of a successful appeal.
Preparing for Your Hearing
- Gather all medical documentation supporting your disability (for ODSP)
- Collect bank statements, pay stubs, and asset records
- Keep copies of all correspondence with your worker
- Write a clear explanation of your circumstances