Receiving an ODSP denial or another decision you disagree with can feel discouraging, but many ODSP decisions have a formal review process. In Ontario, the usual first step is an Internal Review. If the issue is not resolved, you may then be able to appeal to the Social Benefits Tribunal (SBT).
This guide explains the process in plain language.
What ODSP decisions can be reviewed?
You can generally request an Internal Review when you disagree with an appealable ODSP decision. Examples can include:
- a decision that you are not financially eligible
- a finding that you do not meet ODSP’s definition of a person with a disability
- a change to the amount of income support you receive
- a decision that you are not eligible for a benefit
- a decision to reduce or stop assistance
Your decision letter should tell you whether the decision can be reviewed and explain the applicable deadline.
How long do you have to request an Internal Review?
You generally have 30 calendar days from receiving the decision to request an Internal Review.
If you miss the deadline because of special circumstances or circumstances beyond your control, you can explain why you need more time. An extension is not automatic, so submit your request as soon as possible.
How do you request an Internal Review?
You can use Ontario’s Request for Internal Review form or submit a written request that clearly states you are asking for an Internal Review.
Your request should generally include:
- your name
- your ODSP member ID number
- your date of birth
- the decision you disagree with
- why you believe the decision should be changed
- any additional documents or information that support your request
Where do you send the request?
The correct destination depends on the type of decision. Financial decisions are generally sent to the appropriate local ODSP office or other office identified in the decision letter. Disability-status decisions from the Disability Adjudication Unit should be sent according to the instructions in that letter.
Always follow the contact information on the decision you received.
Can you send new medical information?
Yes. If you were denied because ODSP decided that you did not meet the definition of a person with a disability, additional supporting medical information can be included with your Internal Review request.
This can include specialist reports, psychological reports, imaging reports or other information that helps explain your impairment, its expected duration and how it restricts your daily activities.
How long does the Internal Review take?
Ontario states that the Internal Review should be completed and a written decision issued within 30 calendar days after the request is received.
If you have not received an Internal Review decision within that period, you may be able to proceed with an appeal to the Social Benefits Tribunal.
What happens after the Internal Review?
The reviewer may confirm, change or overturn the original decision. You should receive the result in writing.
If you still disagree, and the decision is appealable, you may be able to file an appeal with the Social Benefits Tribunal.
How long do you have to appeal to the Social Benefits Tribunal?
You generally have 30 calendar days to file an appeal after receiving the Internal Review decision. In some situations, an appeal may also be filed after the 30-day period for completing the Internal Review has passed without a decision.
The Social Benefits Tribunal may allow a late appeal in some circumstances, but you should not rely on an extension.
What happens at the Social Benefits Tribunal?
The Social Benefits Tribunal is independent from ODSP and the Ministry of Children, Community and Social Services. A Tribunal member hears the appeal and considers the evidence from both sides.
You can explain why you disagree with the decision and submit supporting evidence. A representative from ODSP may also participate.
Can you get legal help?
You do not need a lawyer to request an Internal Review, but you may choose to get help from a legal representative or advocate.
Community legal clinics and Legal Aid Ontario may be able to provide information or assistance depending on your circumstances.
Important: do not ignore the deadline
If you receive a decision you disagree with, read the entire letter and note the date you received it. The 30-day deadlines can move quickly, so it is usually best to act as soon as possible.
More ODSP resources
Read our step-by-step ODSP application guide, our ODSP eligibility guide, or visit the ODSP resource hub.
For official Ontario information, review the Government of Ontario page on Internal Reviews and appeals for social assistance.
ODSP Support is an independent community-based information resource and is not affiliated with the Government of Ontario. This article is educational information and is not legal advice.