Concerns Mount Among Ontarians Living with Disabilities About Erosion of Social Benefits Tribunal

OTTAWA, ON, Jan. 27, 2021 /CNW/ - The provincial government is allowing the erosion of an important avenue to justice for Ontarians who rely on social assistance, a problem that needs to be fixed immediately, writes advocacy group Defend Disability in a letter submitted to the Premier.

The Social Benefits Tribunal (SBT) hears appeals of decisions made by the Ministry of Children, Community and Social Services on everything from financial eligibility to denials of shelter allowance for social assistance applicants/recipients. One of its most critical functions is hearing appeals from people whose applications to the Ontario Disability Support Program (ODSP) were denied. ODSP eligibility hearings made up over 93% of tribunal cases in the 2019-2020 fiscal year.

Despite the importance of the tribunal, adjudicators' vacancies are not being filled and the most senior and experienced among them are not being offered the chance to serve further. 

Currently, there are only nine full-time and ten part-time members (not including the Associate Chair and Vice Chairs). This is a drastic reduction from the 19 full-time and 15 part-time members serving on the SBT as of the end of March 2018. This has led to a dramatic rise in wait times for hearings, with dates taking 12 to 18 months to schedule. The target prior to 2018 was 6 months from filing an appeal to hearing.

Most people with disabilities who are waiting for ODSP benefits must subsist on benefits from Ontario Works (OW). At $733 per month, this is 37% less than they would be entitled to as a recipient of ODSP benefits. Surviving on OW makes it impossible for people to afford the extra costs associated with having a disability.

"It took me four tries over two years before I was accepted for ODSP, despite being homeless five times and hospitalized nearly 17 times. The Tribunal was what gave me access," says ODSP recipient Eddy Belitski. "Since getting on ODSP, I have been housed and I am working part-time as a peer support worker. ODSP gave me the stability I needed to survive."

Defend Disability – a coalition made up of people living with disability and poverty, frontline health providers, social policy experts, legal practitioners, health-NGOs, community agencies and anti-poverty and disability rights activists – demands that Ontario reappoint experienced adjudicators and start listening to and learning from people who are impacted by these changes.

"We cannot help but see this move as being an indirect way for the Province to save money at the expense of people with disabilities," the letter reads.

Depriving people with disabilities access to an appeal process is denying access to justice. It is critical that the Government of Ontario take immediate steps to preserve and enhance the SBT by restoring service levels. 

SOURCE Defend Disability

To arrange an interview with Defend Disability, please contact Sarah Boesveld, manager of advocacy at YWCA Toronto: 647-237-7283 or [email protected]