How to Appeal an Ontario Works Decision

November 8, 2009 by Ontario Works
Filed under: Poverty

In a previous post, we discussed the difference between mandatory and discretionary benefits and how this ultimately impacts the ability to appeal an Ontario Works denial of benefits decision. Today, let’s talk about the necessity of following the appeal process to the letter in order to maximize your chances of having your concerns heard.

For the sake of simplicity, we shall order these steps out for you:

Make the request in writing. This is obviously the first step in the process, but it is by-far the most important. Notice that we are specifying and stressing the absolute importance of writing your request down. Make the request both clear and concise. Include only what you have to in the request to make it valid.
Let your caseworker do their job. There is no sense in dropping off a request at your local Ontario Works office and then calling every half-hour to see if it has been actioned yet. This will only serve to annoy your caseworker and it will not result in a faster decision or benefits being issued to you. Would you like it if a telemarketer called you repeatedly throughout the day, even after you told them to give you some time to think about it? Exactly. Your worker probably has dozens of similar requests that they are reviewing, each one being equally important to someone else that is in your same position. Everyone’s problem is critical to them. Give your caseworker time to do their job.
That said, not too much time should pass. Considering that we are in the middle of a recession and Ontario Works numbers are very high, you should maybe factor some more time into the situation. But weeks going by without a response is not acceptable. There reaches a point where the local office should address problems such as this by increasing their staffing. Let management know of unreasonable delays of over a couple of weeks.
If you are denied the benefit you are requesting, you are entitled to a letter from Ontario Works explaining why. This letter must include the legislation that gives the staff person the authority to deny your claim.
Here is where it gets tricky. With the letter that tells you why you have been denied, there must an appeal process included. Look on the letter, maybe the second or third page, or towards the end. It will tell you how to request an Internal Review. If these instructions are not included, or you don’t understand them, get your caseworker to explain the process.
IMPORTANT: You must follow the Internal Review process. There is no other way if the office isn’t willing to compromise. We cannot stress this fact enough. Arguing with your caseworker or their supervisor until you’re blue in the face will only waste your time. Raising your voice in frustration will likely accomplish nothing but make you even more frustrated. Follow the Internal Review process.
If you are still denied at the Internal Review stage, they must send you another letter advising you of such, and it also must quote the appropriate legislation and explain why. Keep this letter somewhere safe. Without it you may not be able to appeal to the Social Benefits Tribunal.
At this point we suggest it would be very beneficial to contact your local legal clinic. They will want a copy of the original denial letter and the Internal Review decision letter. They will help you with the appeal to the Social Benefits Tribunal. If you don’t know where your local legal clinic is, the Ontario Works will provide you with this information. Ethically, they must help you with your problems, even if it means appealing one of their decisions.

Above all – don’t give up if you believe that you have a chance. Listen to the independent advice of your legal worker. Also, to be fair, just because you may believe something is wrong doesn’t mean that it is. Legislation overrules all, even if it doesn’t make any sense. That is why it is necessary to change the law by following the proper channels.