Denied ODSP where/who do I talk to about fighting it. Ontario,Canada. Nothing just got denial letter yesterday. It's for

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Customer: Denied ODSP where/who do I talk to about fighting it
JA: What state are you in? It matters because laws vary by location.
Customer: Ontario,Canada
JA: What steps have you taken so far?
Customer: Nothing just got denial letter yesterday
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It's for my son who's 18.
Answered by JJL11 in 5 mins 1 year ago
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JJL11, Expert

Hello – My name is ***** ***** I’m happy to assist you today. I am an Ontario lawyer who is able to answer questions about ODSP.

I am reviewing your question and will reply shortly. Thanks

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JJL11, Expert

I am sorry to hear about this situation.

Can you tell me why your son was refused ODSP and how long ago this decision was made ?

Customer
Yesterday. He does not have a physical/mental impairment that is continuous or recurrent and your impairment does not substantially restrict you from taking care of yourself,participating in community life or working. He has Tourette's and attention deficit
Customer
This causes him to be gainfully unemployable as his tics get in way of working. He is better when medicated and when he chews gum.
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JJL11, Expert

I see - Does your son have a medical opinion from his doctor which indicates that his condition substantially restricts him from working ?

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JJL11, Expert

The process for appealing this decision is that firstly, your son has to ask for an internal review of this refusal which is made by the Disability Adjudication Unit (DAU) of ODSP.

You have 30 days to ask for this review and you do so by letting the DAU know. This means another worker will look at his case. Usually, the internal review will not result in the initial decision being overturned. So, after your son gets the IR decision, he can appeal this to the Social Benefits Tribunal. The SBT is impartial and will look at the decision and your evidence to see if they agree.

Having medical evidence to verify that your son cannot substantially work to support himself will help.

I would suggest that if your son financially has no income, he will most likely qualify for help and free legal representation from the community legal clinic in his area. ODSP appeals are one of their areas of specialty.

Here is a link to the Steps to Justice, which is a Ontario legal aid website, which explains the appeal process

https://stepstojustice.ca/steps/income-assistance/2-ask-internal-review

Here also is the link to the Steps to Justice website which tells you how to find your local community legal clinic

https://stepstojustice.ca/steps/income-assistance/1-find-your-local-community-legal-clinic#:~:text=You%20can%20use%20your%20address,or%20416%2D979%2D1446.

Hope this answers your question.

Customer
No he sees a specialist in Toronto once a year but he refused to fill out odsp paperwork because my son can dress himself and feed himself and do most normal things with major prompting.
Customer
Family dr just called and said maybe a sychological assessment should be done as well.
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JJL11, Expert

I agree - the combination of both the specialist and the psycho assessment will help to establish that both parts of the test ( work and caring for self) cannot be satisfied. Even though your son can dress and feed himself, he would most likely not be able to do so without prompting so I would argue that he really does not fulfill this part of the test. Even though physically he may be able to do this, psychologically he would not be able to do this without someone telling him what to do.

I would suggest that you contact your local community legal clinic to see if they can help you with your son's case. They will be able to go through the elements of the definition of disability under the ODSP Act and advise you as to what evidence you will need.

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JJL11, Expert

Hi - I hope I have answered your question. Please feel free to let me know if you have any further questions.

Thank you for using JustAnswer.

Take care.

Customer
Thank you. Today I contacted community advocacy clinic in my area. They are opening a file.
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JJL11, Expert

That is great to hear !

Thanks for letting me know.

All the best

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