Ford Government Turning Its Back on People Living with Disabilities

 

Tuesday's Toronto Star has a story by Brendan Kennedy on delays at the Social Benefits Tribunal. (SBT) https://www.thestar.com/news/gta/2021/02/12/delays-at-the-social-benefits-tribunal-have-tripled-leaving-odsp-claimants-in-extended-limbo.html

The SBT is an administrative tribunal that deals specifically with appeals regarding social assistance.  

The SBT hears appeals from people who have been turned down for the Ontario Disability Support Program (ODSP).  The law related to this program is called the Ontario Disability Support Program Act (1997). This program is designed to help people with disabilities who are in financial need pay for living expenses, like food and housing.

Why are the delays happening?

One reason is that the Doug Ford government has not been appointing new members to the SBT.  According to the story, there were 38 adjudicators when Ford won election in 2018.  There are only 26 now.

The real issue though is that the provincial government is trying to undermine the social assistance system.  They have no interest in supporting people living with disabilities.

For further evidence take a look at a recent piece in the Toronto Star written by Amira Elghawaby. https://www.thestar.com/opinion/contributors/2020/12/29/has-the-ford-government-cancelled-2021-for-ontarios-most-vulnerable.html

The story makes it clear that:

1. First-level decision by ministry staff to deny benefits is all about  protecting the public purse. 

2 But Ontario gives applicants right to evidence-based, independent review. 

3 The majority of appeals filed in 2020 have yet to get a scheduled date for a hearing.

4 The 80% success rate in appeals of ministry decisions is a critique of the original decision making not problems with the SBT.

The delays are bad enough but there is speculation that the SBT might be eliminated.

Read a recent letter from Laura Hunter and Michael Ollier, Co-Chairs of the Steering Committee on Social Assistance for Ontario Community Legal Clinic.  The letter is to the Attorney General of Ontario and the Minister of Children, Community & Social Services.  

“The right to an appeal process at the Tribunal is enshrined in legislation, and it is a vital one that needs to be preserved. Even in the best of application systems, it is only fair and reasonable to apply a check on the decision-making of Ministry staff.”  https://hamiltonjustice.ca/en/2020/12/10/alarmed-for-the-future-of-the-social-benefits-tribunal-and-appeals-process/

The Ontario government must preserve the important independent role of the Social Benefits Tribunal.  No one should be wrongly denied the benefits they need for their survival.

Cuts to Ontario Legal Aid Clinics - By the Numbers*

23                            

The percentage increase in certificates issued by LAO  from 2013-14 to 2017-18.           (Auditor General’s 2018 Report, p. 259 and 260.)

12                  

The percentage increase in active community legal clinic  files from 2012-13 to 2016-17 (Auditor General’s 2018 Report p.260)

$495,000,000          

LAO’s revenues in 2018-19 (source: Legal Aid Ontario)                                

$371,000,000           

Amount of LAO funding that comes from the provincial government based on the Auditor General’s 2018 report stating that 75% of 2017-18 funding came from the  province. [Auditor General’s 2018 Report p. 258]

$133,000,000           

Amount to be cut in current year a 36% reduction based on $371M of provincial funding. (Ontario Budget)

$164,000.000          

Amount to be cut by 2021-22, a 44% reduction. (Ontario Budget)

$2,088,000,000

Ministry of Attorney General Budget in 2018-19 (Ontario Budget,  p284)

$1,934,000,000       

Ministry of Attorney General budget for 2019-20 a 7% reduction. Ontario Budget, p284)

86                                

Percentage of Cuts coming from Legal Aid Ontario as a percentage of cuts to the Ministry of the Attorney General - a reduction of $154M this year and $133M of that is coming from cuts to Legal Aid.

$17,731                     

Maximum Income to qualify for Legal Aid Services in Ontario for a single person. The corresponding figure for a family of three is $37,194. (Legal Aid Ontario Website)

*Adapted from https://stoplegalaidcuts.nationbuilder.com/ This website was created by  www.itrapidsupport.com for North Peel and Dufferin  Community Legal Services.

 

Ontario Disability Support Program, Community Legal Clinics and Appeals

(This story appeared earlier this month in North End Breezes.  http://www.northendbreezes.com/ While the province is gradually uploading the costs of Ontario Works, municipalities continue to be impacted when those who are eligible for ODSP, but have been declined assistance, remain on Ontario Works.)

It is becoming increasingly difficult for people with disabilities who are eligible for social assistance to receive that assistance. 

“People who meet the criteria for ODSP, can’t get on it. As well, there are way too many hoops to jump through,” says Mary Marrone, Director of Advocacy and Legal Services for the Income Security Advocacy Centre (ISAC).

ODSP is the Ontario Disability Support Program. This program is designed to help people with disabilities who are in financial need pay for living expenses, like food and housing.

An important part of community legal clinic practice is ODSP casework.

While the clinics have always done this kind of work, the proportion of caseloads made up of ODSP work has changed considerably over the years.

A little history is in order.

The Old Family Benefits program was changed to ODSP by the government of Mike Harris nearly twenty years ago. 

At that point qualifying for the program became a big issue.

Let’s go back to 1997-98.  When ODSP was set up, the total ODSP caseload for Ontario clinics was 185,479.  That sounds like a lot of people, you say.  Well, not really.  By 2013 that number had escalated to 314,033.

People who apply for ODSP and are denied have an option of requesting an Internal Review.  If that request for an Internal Review is denied, the next step can be to file an appeal to the Social Benefits Tribunal (SBT).   The Social Benefits Tribunal is an administrative body that deals specifically with appeals regarding social assistance. 

In 1997 ODSP appeals represented 14% of the total clinic practice.  These days 67% of all new cases opened in the southwest region of Ontario that our Clinic is a part of are for ODSP appeals.

This shift in clinic practice means that people who want services in other areas of law we are mandated to provide may not be able to get these services.

We’re pleased that those appeals to the SBT are twice as likely to be granted as denied.  However, these successes are an indication that reform is required.

“Too many resources are needed to get to the right decision,” says Ms. Marrone.

As a result clinics are being forced to reduce their ODSP work. 

Recently the Hamilton Community Legal Clinic developed a new resource called Getting Ready for Your SBT Hearing.  A youtube video and a handout can be found on the clinic’s website at http://www.hamiltonjustice.ca/ontario-disability-support-program.php and in French at http://www.hamiltonjustice.ca/fr/posph.php