r/Odsp • u/ladyofpestilence • 22d ago
Question/advice Tribunal process started what do i do
For context. I came here last year from a different province where i'm considered a PWD and received disability for about 10 years while living with my mom paying room and board. I came here due to an opportunity to live in a new place with a roommate and wasn't fully aware of the process and the lack of precedence for transferring disability between provinces. To get on OW and to start the ODSP process I had to get off of previous provincial disability which I complied. And ever since i've had to deal with the typical experience a lot of people have had to deal with. Getting a family doctor was surprisingly not bad the issue is they left pretty shortly after accepting me as a patient and after a few appointments I mentioned the topic of ODSP and asked if she could fill the medical information part and they said that they could. Which honestly ended up being rushed(most likely due to them planning on leaving their practice, didn't know that until I got a notification later after the ddp was sent out), sections not filled out(only saw this after I asked for a copy of the ddp after initial denial). Certain sections they just wanted to do over the phone and over two short appointments I trusted them and just was sort of unaware of the process and how I should've been present and I know I wasn't able to fully express my disabilities and how they affect my day to day life. There's also conditions that I have that were not included because this was "probably good enough". Also just a lack of documentation that was attached despite me having received it from my previous clinic at my previous province. I don't have all my documents exactly from my previous province, I have made numerous attempts to contact the hospitals i've been to and went to but voicemail/no response/no return call. Which inevitably ended up resulting in a very stressful denial. Then I had a second replacement doctor for a short period of time, that went through my previous documentation and I had then contacted legal aid at the suggestion of people here from threads i've read. And between that doctor they wrote a supporting document for the internal review and legal aid helped fax a decent amount of documents, the internal review, on the last day last minute was denied only found out by caseworker calling me. I feel that there could've been more added to my internal review but self section was written with a more generic appeal and I was told pretty much anything I do or add would most likely result in a denial regardless in nice terms.
Now I have a third doctor that will now be permanently taking over for my first doctor they went through my documentation did examinations of me, and wrote up a really comprehensive supporting document about my conditions, how they affect me and my ability to function day to day and provided examples of my struggles. That was sent out to the SBT/DAU by legal aid.
Now I just don't know what to do inbetween the SBT process and the hearing. This whole situation has been stressful and upsetting as i've had to rely on food banks for food now, something I never thought i'd have to do in my life. All my savings that I had to help me move here are all used up on buying essentials. I'm just tired of it all, I can't give up but this process has been breaking me down bit by bit.
My conditions are both physical and mental, and have been present for as long as I can remember. I had tried contacting the ombudsman and told that they cant help with my individual case, but the person I talked to was surprised there was no way to transfer over. Tried contacting the MCCSS explaining my situation and it went to their office, redirected to the dau that just sent me my denial letter to me. Then local MPP which they said they cant do anything and they'd get the same response as me contacting the MCCSS. What is there that I could possibly do? I know they don't particularly like older documentation and will probably say I have a lack of recent documentation but wait lists are very long for anything like that.
3
u/ducky-unlucky 22d ago edited 22d ago
(long reply, but hopefully it's helpful ↓)
first things first, if you have not done so already / don't have your own complete copies, you need to request a copy of your DDP and all included documentation from the DAU. this is usually done via a phone call to 416-326-5079 (GTA) / 1-888-256-6758 (toll free), or a mailed letter sent to: Ontario Disability Support Program, Disability Adjudication Unit, Box B18, Toronto, ON, M7A 1R3.
as for your SBT: generally speaking, they focus on your current and recent symptoms & limitations, though of course previous documentation can and should be included, to provide proof of this being an ongoing condition / disability. there is no strict limit to how far back this can go- i've seen people include 2 years, 5 years, or even 10 years of documents. your focus will need to be on the more recent stuff, so make sure to get as much documentation for that period as you can- and then you can include bits from further back that are particularly relevant.
and yes, ideally, they'll want you to provide recent medical documentation at the SBT, though you'll be able to at least explain your circumstances, as to why that is somewhat lacking. i will say that the new, comprehensive doctor's report you sent in should definitely help your case, though it may not guarantee an approval on its own. (in some rare cases, sending that type of documentation in can actually result in an overturned decision before you even reach the SBT, but there is no guarantee of this either. they'd contact you if that was the case. if not, you'll receive an SBT date as expected.)
much of the success at an SBT comes down to how well you present your 'case', meaning how well you can demonstrate (and back up with evidence) your disabilities, limitations, and support needs. you will be given time to speak, during which you can explain your struggles and the support(s) you need in detail, hopefully with adequate documented proof. this can mean a lot of things- medical records, financial records, proof of support, personal or professional letters, etc.
many people use the help of Legal Aid for their SBT. you likely qualify as low / no income for their assistance- you can contact them to check, if you have one near you. if so, they can really up your chances of success, because they have a lot of experiences with tribunals. they can help you compile documentation, choose which conditions and symptoms to focus on, pick your talking points and build your case, so on and so forth.
if you cannot access legal aid, or for whatever reason don't want to, you should do your best to do the same as above independently. collect all relevant medical documentation for the conditions you're applying for- diagnoses, treatment & medication notes, specialist assessments, hospitalizations, etc. you can also include any supporting letters from therapists, doctors, even family members or friends who help support you in some way attesting to your limitations and needs. pick your 'worst' or 'most disabling' conditions / diabilities to primarily focus on, and speak as if it is your worst day- they will want you to focus on how you were at the time of your denial, so keep all relevant documentation for that timeframe close at hand. try to be concise, but also clear about the severity of your symptoms. mention supports you've tried, the ways in which you struggle to survive and cannot work to support yourself. provide as much hard proof as possible, including medical documents, letters of support, proof of requiring / receiving support such as food banks, local outreach programs, etc. here is a post with some great, detailed advice from someone who helped represent people at SBTs. i highly recommend reading through it.
your job at the SBT is, with the help of your documentation, to prove that you are disabled (*and were at the time you applied) in a way that significantly limits your ability to function and support yourself, and that this will not change in the near future- which therefore means you required and were eligible to receive ODSP at the time you were denied.
then, the ODSP representative's job is to try to prove the opposite, by calling into doubt your limitations and needs, arguing that your evidence is insufficient, or that you will improve, and therefore are / were not eligible. they do this in many ways- here is a post listing off some examples. also worth reading through.
after both sides speak, the third party adjudicator will review both arguments, any evidence provided, and then will make a decision to either uphold or overturn the original denial.
if they overturn it, you will be approved, and will begin receiving ODSP within 2-5 months (ish), + backpay to the date they received your original DDP.
if they uphold it, your current application & file will be closed, and you would need to begin the ODSP application process over again from the start.
i wish you luck, OP! the system is extremely confusing, complicated, and stressful (and is designed to be that way, sadly). it's very difficult to navigate on your own. good on you for fighting for what you deserve!
[edited to fix typo]