Which decisions can be appealed?
General Rule: Although your client can request an internal review of any decision made by ODSP, not all decisions are eligible for appeal to the Social Benefits Tribunal if they still disagree after the internal review.
- Decisions which can be appealed:
- Decisions related to their disability status
- ODSP does not believe your client qualifies as a person with a disability
- Decisions related to their financial eligibility
- Denied applications for assistance
- Reductions in income assistance
- Suspensions of income assistance
- Cancellations of income assistance
- Adjustments made to the amount usually provided to account for overpayments (e.g., temporary reduction, suspension, etc.)
- Income assistance cheques being sent to a trustee
- Whether your client or a member of their family qualifies for a special diet allowance
- Whether your client receives an employment and training start-up allowance
- Whether your client receives health care supplies or travel costs for medical purposes
- Whether your client receives benefits related to their disability (e.g., guide dog, hearing aids, mobility devices, etc.)
- Decisions related to their disability status
- Decisions which CANNOT be appealed:
- ODSP has provided a date for your client to attend a medical review to check if they still qualify as a person with a disability
- ODSP has denied your client’s application for discretionary benefits (e.g., dental or vision care for adults, funeral expenses, moving expenses, etc.)
- ODSP is paying your client’s income assistance to a third party (e.g., landlord, social housing provider, etc.)
- ODSP has denied your client’s request for extra time to ask for an internal review