Administrative & Constitutional LawLawyer referralSocial benefits and WSIB appeals

Social Benefits Tribunal appeal (ODSP or Ontario Works)

Appealing a denial or cut-off of Ontario Disability Support Program or Ontario Works benefits, including the hearing.

Deadlines are stated in the decision letter and can be as short as 30 days; for ODSP and Ontario Works, an internal review is usually required before an appeal to the Social Benefits Tribunal. Ontario Done by an Ontario lawyer, by referral

What is included

  • Reviews the decision and your Ministry, WSIB or Tribunal file
  • Helps gather medical and other evidence
  • Prepares the internal review request, objection or appeal
  • Represents you at the hearing
  • Advises on reconsideration or further appeals

What is not included

  • Filing fees, transcripts and other disbursements
  • Further appeals or other proceedings not covered by the lawyer's written retainer
  • Independent medical or other reports

Who this service is for

  • People refused or cut off ODSP or Ontario Works
  • Injured workers in a WSIB dispute
  • Employers objecting to a WSIB decision

Information to have ready

  1. 1The decision letter and any internal review decision
  2. 2Medical records and reports from your treating health professionals
  3. 3Your claim or file number
  4. 4Employment and income records

How a referral works

  1. 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
  2. 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
  3. 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
  4. 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.

NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights

Frequently asked questions

What does the lawyer charge?

A typical Ontario fee for this service is $1,500–$5,000, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.

Can a licensed paralegal help with this kind of appeal?

Yes. Licensed paralegals may represent people at the Social Benefits Tribunal, the WSIB and the Workplace Safety and Insurance Appeals Tribunal. Ask NEO whether your matter is one it can handle directly or whether a lawyer is the better fit.

Do I need medical evidence?

Usually. ODSP and WSIB appeals often turn on medical evidence, so current reports from your treating health professionals are important.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No outcome can be guaranteed
  • Tribunals and courts can only decide the issues the law gives them
  • Deadlines to appeal or apply keep running during a referral
Law Society of Ontario — Barreau de l'Ontario
Find it on Apple NewsView full feature on Apple News