KBCLS: ODSP Disability Appeal Project (2 positions)

Area of Law: Administrative Law -- ODSP Act and Regulations -- OW Act and Regulations -- Personal Health Information Protection Act

KBCLS is a non-profit community legal clinic funded by Legal Aid Ontario. KBCLS gives people living on a low income in Kensington-Bellwoods neighbourhood free legal services for certain problems. To learn more about KBCLS, check out their website here: www.kbcls.org

In this project, students will provide assistance on appeals of Ontario Disability Support Program application denials. Students will assist with drafting and filing Internal Review requests and appeals to the Social Benefits Tribunal, conducting client interviews, and reviewing case files.  

Detailed Role of Students

  • Step 1: Internal Review
    • The internal review is the first step in an appeal. The first thing the student would be doing is reviewing the decision letter to determine whether or not it is a decision that can be appealed. The letter usually sets out the appeal rights. Where an internal review is appropriate, if the deadline has not passed, the student interviews the client, fills out the internal review request form with information provided by the client. This is usually basic information - address, date of birth, date of denial decision and reasons for requesting the review. If the deadline is passed, the student includes a request for an extension of time based on whatever reasons the client provides. Again, the student will solicit this information in the client interview. Once the internal review request form is completed, the supervising lawyer reviews the documents and then the student files it. A letter is written to client advising them of the next steps in the appeal process. The student will be drafting the letter under the supervision of the lawyer. 
  • Step 2: Appeal
    • If internal review decision confirms original decision, an appointment is scheduled to draft an appeal on Social Benefits Tribunal. The student would complete the forms based on information provided by appellant and the supervising lawyer would review the forms prior to filing. If there is a need to request for an extension of time to file the appeal, again, that would be done just like the Internal Review stage.
  • Step 3: File Review, Merit Assessment and Obtaining Additional Medical Information
    • Once the appeal is filed, the Disability Adjudication Unit has 30 days within which to provide their submissions and a copy of the disability application package. The student, under the supervision of the lawyer, would review and summarize the file and interview the appellant to obtain their personal history as it pertains to the disability application. The lawyer and the student would then conduct a merit assessment, then write to the appropriate health care provider to obtain additional medical information in support of the appeal, where necessary. Once that information is received, it is reviewed and if supportive of the appeal, is submitted to the Social Benefits Tribunal and the Disability Adjudication Unit. 
  • Step 4: Preparation of the hearing
    • This includes a final review of the file, hearing preparation with the appellant and representations at the hearing. The student would observe all of these steps and have the opportunity to observe the hearing itself, if the appellant consents.
  • Step 5: Post hearing debrief
    • This involved a meeting with the client to answer any questions they may have following the hearing. It is conducted by the lawyer and the student will have the opportunity to observe.
  • Step 6: Decision received/reviewed
    • Decision reviewed and contents/next steps explained by lawyer. The student will have the opportunity to observe. Closing correspondence drafted based on conclusion of matter. Student will support the lawyer by drafting this letter.

Time Commitment

Students are expected to volunteer 3-5 hours per week to a maximum of 10 hours at student's discretion. The schedule is flexible and dependent on client needs/accommodation request. Students are able to work from home, however some tasks would have to be done in the office. 

Required Training

In addition to the PBSC mandatory training, the supervising lawyer will give students an overview of governing law, regulations and policies, explain the appeal process and teach the how to docket. Students will also be taught how to interview clients and conduct merit assessments based on file review. 

Number of Students and Prerequisites

  • How many students? 
    • Two students (students may be working with students from Lincoln Alexander School of Law)
  • Can first year law students volunteer? 
    • First year students are encouraged to apply!
  • Should you be bilingual?
    •  No - bilingualism is not an expectation but is always nice to have
  • Any other expectations for this project? 
    • None - students will receive training!