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Disability and Employment Insurance Benefit Appeals

Q. What kind of disability appeals do you handle?

I handle appeals for Ontario Disability Support Program (or ODSP), Canada Pension Plan – Disability (or CPP-D), and Workplace Safety and Insurance Board (or WSIB). If a Long Term Disability Claim is worth less than $25,000, my office may fight this in small claims court.

Q. How are these kinds appeals usually handled?

Each one of these programs has their own decision making (or adjudication units) that review applications and decide on eligibility. If they deny you, there is usually some form of reconsideration. If you are denied again, there are appeal processes that are outlined under each program and the legislation that governs them. There is usually a second level of appeal from the first level.

Q. Will I receive a retroactive amount if I win this appeal?

In most cases, you do. For ODSP, your retroactive pays goes back to the first day of the month following the date the adjudication unit received your completed application. For CPP, the retro goes back to the date of disability determination. For WSIB, it depends on what is being appealed and for what period of time. Monies already received during the “appeal period” is calculated and deducted from the retroactive pay for ODSP (such an any monies received from Ontario Works – you receive the balance).

Q. How long does a case like this take?

It depends. In most cases, an appeal level application can begin and be resolved in less than a year. However, the time frame for WSIB can be much longer.