What is an appeal?

An appeal means the internally reviewed decision is taken outside of the ODSP office and brought to the Social Benefits Tribunal for a hearing to decide whether ODSP made the wrong decision. However, not all decisions made by ODSP can be appealed. For more information on which decisions can be appealed, see: “Which decisions can be appealed?”

If your client wants to request an appeal:

1. They must complete the Appeal Form
2. They must meet the deadline 
   • Most decisions must be appealed within 30 days of receiving the internal review decision. If your client misses the deadline, they should request additional time from the Social Benefits Tribunal and explain why they were late. The Tribunal might accept these requests in exceptional circumstances (e.g., hospitalization, custody, problems with reading/writing, waiting for legal advice, etc.). More information about deadlines for an appeal can be found here.
3. They will need to explain why they disagree with ODSP’s decision.

If your client will require an interpreter and/or accommodations at their Social Benefits Tribunal hearing, they can make these requests on their Appeal Form.

Your client might be eligible for interim assistance while they wait for a decision from the Social Benefits Tribunal. You should remind them to speak to their legal service provider about this or help them make a request for interim assistance by completing Part 5 of the Appeal Form.

How You Can Help:

• Step 1: Refer your client to a legal clinic and make sure they tell the legal service provider that it is an appeal of an ODSP decision. It’s helpful if you can be specific and name the type of decision being disputed, if you can (e.g., disability status, suspension of income support, reductions in income support, etc.). 
• Step 2: When your client meets with the legal service provider, help them gather and bring with them any available/applicable supporting documentation (e.g., medical reports, Notice of Decision letter, copies of internal review requests, financial documentation, etc.).
• Step 3: If your client is unable to receive legal advice, help them complete and file the Appeal Form within 30 days of receiving their internal review decision. You can help them by writing down what they say and helping them organize their documents. Remind them to request any interpreters or accommodations, if they will need them, and help them put in a request for interim assistance (Part 5 of the Appeal Form).