Filing for Disability Claims?

by | Nov 19, 2015 | Insurance Issues

Filing for Disability Claims?

6 Key Steps to get your ODSP Benefits Faster.

In Ontario, if you are in financial need and are sick, disabled or have health challenges that can keep you away from work for at least a year, you could qualify to apply for the Ontario Disability Support program (ODSP).

[/vc_column_text][esVerticalSpacing base=”spacing-2″][vc_column_text el_class=”article-description”]

To qualify for ODSP benefits, one must meet the medical eligibility threshold test and the financial testing provisions regarding assets and income as set out in the regulations under the Ontario Disability Support Program Act.However there have been many instances of people getting rejected while filing for their ODSP benefits.

That’s why it is important to be aware of a few key steps to ensure that you get your ODSP Benefits smoothly and quickly.

1: If you are disabled or have a medical condition that prevents you from doing your normal activities or going to work, get on welfare and tell them you want to apply for ODSP – as your ODSP application may take a year or two and you will need money to live on.

2: Fill out your ODSP forms properly and submit as soon as you can. You could ask your welfare worker to help you procure the forms and it is recommended to ask your doctor to help you fill the ODSP forms. As support documents, also submit copies of tests, specialists’ reports and any information that would help your case, along with your ODSP forms. You must remember to submit your forms to the DAU (Disability Adduction Unit).

Your ODSP application could get approved or rejected at this stage. If unfortunately, your claim is denied, don’t get discouraged but consider strong alternatives,

3: If your claim has been denied, you have 10 days to set an appeal in motion. It is better to send in a hand written note clearly requesting an internal review.

4: If the ODSP rejects your request for an internal review is denied, they may send you an appeal form. You have 30 days to fill and submit it back to them

5: At this stage, you should see a specialist and update your medical files as it could take some time to get a hearing. Always keep in mind that any medical evidence has to be submitted 30 days in advance and other evidence has to be submitted 20 days in advance.

6: At this stage an adjudicator will consider your appeal hearing. There could be a strong chance that a Disability Adjudication Unit (DAU) representative could show up to argue their side and you will be given a fair chance to respond with your comments.

It is strongly advised to get the help of a knowledgeable lawyer who knows the system well and help you win your appeal.

If you or someone you know has been denied an ODSP claim, you can contact Mackesy Smye. As one of Hamilton’s most trusted personal claims lawyers, Mackesy Smye help individuals who have been unfairly denied disability benefits from a variety of sources and policies including ODSP.

 

Personal Injuries at Provincial Campgrounds

Personal Injuries in Provincial Parks – do you know what to do if you get hurt at a provincially run campground this summer? And what about deadlines? Learn who’s accountable and how quickly you need to consult with a lawyer.

Suing for Whiplash – A Pain in the Neck

Whiplash is perhaps the most common injury associated with auto collisions. But many insurance companies are suspicious of whiplash claims and will do anything to deny payment. Read the full article to learn more.

Personal Injury Claims & Social Media

Don’t Self-Sabotage on Social Media – the defence is looking to discredit you, and you might be giving them everything they need. Use social media responsibly during your trial so that your posts can’t be used against you – read the full article to learn more.

Slips, Trips & Falls – Business vs Private Residence

Where you had your accident can matter as much as why you got hurt. The Occupier’s Liability Act holds businesses and homes to different standards. Find out how this could affect your case, read the full article to learn more.

Bicycle Accidents and Personal Injuries

Cyclists assume way more risk than drivers. And if the two ever collide, the cyclist’s injuries could be serious and permanent. If you’ve been hurt in an accident involving a car or truck read the full article to learn more.

Loss of Limb – Potential Impacts to Lawsuit

The nature and severity of amputation make it unique among personal injury claims. Make sure you’re taking everything into consideration before submitting your claim – read the full article to learn more.

Dangerous Street Racing & Stunt Driving – Personal Injury Lawsuits

We’re already sharing the road with self-driving cars. But who’s at fault when they get involved in accidents that cause injuries to other drivers? And can you sue? Read the full article to learn more..

Personal Injury and the Canada Revenue Agency

If you win a personal injury lawsuit in Ontario, how much will you lose in taxes? How do you hold onto it and keep it out of the hands of the taxman? Click here to learn about tax-free structured annuities.

Autonomous Driving Accidents & Personal Injury

We’re already sharing the road with self-driving cars. But who’s at fault when they get involved in accidents that cause injuries to other drivers? And can you sue? Read the full article to learn more..

Personal Injury Claims & Accidents Involving Uber or Lyft Drivers

When ridesharing becomes accident-sharing – who’s responsible for injuries when Lyft and Uber drivers are involved in a crash? For simple answers to this complex and complicated question, click here for our comprehensive guide to ridesharing injuries.