rejected for ODSP - now what?

[Anne W]

I was on disability in BC but a year ago moved to Ontario so that my (now 95 year old) father wouldn't have to live alone.  He is in good health, but if anything ever happens like a fall or if he ever loses his driver's license it would be impossible for him to be on his own so I thought I better come before a crisis happened.

Anyway, I had so much medical info from BC, and my BC disability status and info, plus federal disability tax credit status in my ODSP application, along with a reasonably good medical form filled out by an Ontario doctor, pain doctor, and psychiatrist.  Well, two days ago I got a letter stating I was refused as I "don't have a physical or mental disability that is long term or recurrent."  (I have been on disability in BC for over a decade, that is pretty long term! And my federal disability tax status will not be reviewed until 2017.)

So now I have until January 8, 2014 (30 days) to ask for a review.  I am too exhausted to deal with getting more doctor's notes etc until after that date, so will probably just write a letter stating why I disagree with their decision and asking for a review.  I don't have the energy to write even that until after christmas, but if someone smarter than me on here says that it would be unwise to wait until after christmas then I will do that review request letter now.

Then it says I will hear yes or no in 10 days after making that request for a review.  If the answer is still no, or I don't hear back in 10 days, then I have 30 days to request an appeal tribunal, which I would do.  My question is how long after I ask for a tribunal will it be until the actual tribunal date?  Will I have some time to prepare?  I am always so exhausted that I am having a hard time just bathing, dressing, making meals and getting to my many medical appointments (which I often have to cancel, i.e. physio, chiropractor, counseling, diabetes check-ups, lidocaine infusion etc).  I really hope I would have time to prepare and arrange for letters of support from hopefully the doctor, diabetic nurse, pharmacy as my Dad has to often pick up my prescriptions as I am too sick to go out, counselor etc.  I also had to skip xmas last year due to sickness, and also cancel.invitations to be taken out to dinner, important events, etc and all my dad's friends (now my friends too) know how sick I am...would letters from these people help?  Can I wait until the tribunal stage to gather these things, or should I submit it with my internal review request?  I don't think I can do this very quickly though.  God I barely manage to just through each day, and don't always manage.  My Dad even has a cleaning lady come in as I am not strong enough or well enough to do it.  I just do dishes on good days, my father does them on my bad days.

Any info is appreciated!

[LARRY WOOLLEY]

I hear you Anne and suggest that you consult your local legal clinic for advice -- they are the experts.

Larry

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[jbkeh]

I suspect that the main question will be why did you not immediately apply for ODSP when you moved to Ontario? Any gap will be seen as an indication that your disability is not that serious. Then again, they may simply have missed the 10-year stint in B.C. (Roughly 2/3rds of applications are initially rejected.) Much depended  on your "self-evaluation" - it is not a place where you want to minimize in any way your difficulties.

 

Have you applied for CPP-D (Canada Pension Plan - Disability)? Being on CPP-D automatically makes you medically elegible for ODSP.

 

You seem to know the next steps. Sadly, if the initial internal review does not reverse things, you can be looking at a good part of a year before your case would come before the Tribunal (or a couple of weeks earlier when a lawyer on the government side finally prepares and realizes they're going to lose).

 

Keep in mind that if you have to appeal, you can ask the Tribunal at the time you file your appeal for "interim support" while waiting for your case to be heard. If the Tribunal agrees, it is an indication that on the face of things, you should be on ODSP. The downside is that if you do not prevail, you will have to pay the money back.

 

Delay in your response will likely be interpreted as a lack of need and severity - I suggest that you request the internal review ASAP (a letter is sufficient), pointing out that their claim that your disability is not "long term or recurrent" flies in the face of the fact that your disabilities have placed you on BC Disability for ten years. (Note that merely being on BC Disability has no weight if your disabilities do not meet Ontario's criteria.)

On Wednesday, December 11, 2013 7:37:54 PM UTC-5, Anne W wrote:

I was on disability in BC but a year ago moved to Ontario so that my (now 95 year old) father wouldn't have to live alone.   I had so much medical info from BC, and my BC disability status and info, plus federal disability tax credit status in my ODSP application, along with a reasonably good medical form filled out by an Ontario doctor, pain doctor, and psychiatrist.  Well, two days ago I got a letter stating I was refused as I "don't have a physical or mental disability that is long term or recurrent."  (I have been on disability in BC for over a decade, that is pretty long term!)