Disagreeing with a decision on your case

You have the right to ask for an internal review of any decision about your social assistance that you do not agree with. For example:

  • you are not eligible for social assistance, either from ODSP or Ontario Works
  • you were found not to be a person with a disability for ODSP
  • you disagree with the amount of social assistance you receive
  • your social assistance payments have been stopped
  • the amount of your social assistance payments has changed
  • you are not eligible for a benefit
  • you disagree with other decisions on your case

If you disagree with the result of the internal review, then you may be able to appeal to the Social Benefits Tribunal.

Internal review requests

To request an internal review, you can write a letter or fill out a form based on the program your request is about.

Once you have completed the Request for Internal Review form, mail, fax or email your form to your local office. If you want to ask for a review, you must do so within 30 days of your receiving the decision. Check the letter for the exact deadline.

If you miss the deadline or need more than 30 days to ask for a review because of special circumstances, you must explain in your request why you need more time.

You can call first to let us know that you want an internal review, but you will still have to follow up with a request in writing.

If you write a letter, make sure you say that you are asking for an internal review and include:

  • your name
  • your member ID number (the number that is on your benefit statement or the letter you received from ODSP or Ontario Works)
  • your date of birth (day, month, year)
  • the reason why you are asking for a review
  • any additional information or documents that you think will help the review

If you are asking for an internal review of your disability status because you were found not a person with a disability under ODSP, include any additional supporting and medical information that you think would help with your request, such as psychological reports, specialist reports, X-ray reports.

Where to send your request for an internal review

If you are asking for a review of a decision on financial eligibility, send your completed form or letter to your local Ontario Works or ODSP office.

If you are asking for a review of a decision on your disability status and you received a letter from the Disability Adjudication Unit, send the form to:

Ontario Disability Support Program
Disability Adjudication Unit
Ministry of Children, Community and Social Services
P.O. Box B18
Toronto, Ontario
M7A 1R3
Fax: 416-326-3374

Cancelling an internal review

You can cancel your request for an internal review at any time before you receive your decision.

Please note that if you cancel your request for an internal review, you cannot appeal the same decision to the Social Benefits Tribunal later.

If you decide to cancel the internal review, you must tell your local social assistance office right away. You will also have to follow up in writing.

There are two ways to cancel your request:

If you write a letter, please say that you want to cancel your Internal Review and include your:

  • name
  • member ID number (this is the number that is on your benefit statement or the letter you received from ODSP or Ontario Works)
  • date of birth (day, month, year)

If you are cancelling a review of a financial decision, send your completed form or letter to your local social assistance office.

If you are cancelling a review of a decision on your disability status, send the form to:

Ontario Disability Support Program
Disability Adjudication Unit
Ministry of Children, Community and Social Services
P.O. Box B18
Toronto, Ontario
M7A 1R3
Fax: 416-326-3374

After you send your request for an internal review

You should receive a letter telling you the result of the internal review within 30 days of your request being received.

If you disagree with the result of the internal review, you may appeal to the Social Benefits Tribunal.

Social Benefits Tribunal

The Social Benefits Tribunal is an independent body that hears appeals of decisions regarding social assistance that people receive under the Ontario Works Act, 1997, and the Ontario Disability Support Program Act, 1997. It is separate from the Ministry of Children, Community and Social Services and the local Ontario Works and ODSP offices.

You may be able to appeal to the Social Benefits Tribunal if you:

  • don't agree with the Internal Review decision
  • haven't received a decision from the internal review within 30 days of your request

Some decisions can't be appealed to the Social Benefits Tribunal. Check the letter you received about the decision from the internal review. It will tell you whether the Social Benefits Tribunal can review your case.

You must request the appeal within 30 days of receiving the internal review decision.

If you do make an appeal, the Tribunal will schedule a hearing. A hearing is a meeting held by the Tribunal where you can explain why you disagree with the decision that was made. A representative from the ODSP or Ontario Works office that made the original decision may also be there. A Tribunal member will listen to both sides and then make a decision.

You can apply for "interim assistance" on your Appeal Form if you:

  • have been receiving ODSP income support or Ontario Works and
  • the decision that you are appealing is causing you financial hardship

Interim assistance is financial aid you may be eligible to receive while waiting for your hearing. You cannot receive interim assistance if you are appealing a decision about your application for the ODSP or Ontario Works.

If you would like advice from a community legal clinic, you can contact Legal Aid Ontario.

How to make an appeal to the Social Benefits Tribunal

If you would like to make an appeal to the Social Benefits Tribunal, you need to complete an Appeal Form. You can get the form from:

Send the completed Appeal Form to the Social Benefits Tribunal. You can mail or fax the form to:

Social Benefits Tribunal
15 Grosvenor Street, Ground Floor
Toronto, Ontario
M7A 2G6
Fax: 416-326-5135

If you have questions, or need help filling out the form, you can contact the Social Benefits Tribunal.

If you would like advice from a community legal clinic, you can contact Legal Aid Ontario.