Is It Incompetence Or Bad Faith

Is It Incompetence Or Bad Faith


On March 20 2009 Hamilton, Ontario ODSP Income Support Specialist Sarah Merritt-Kellogg wrote in three different letters that ODSP clients have 30 days to ask for an Internal Review from the date of a decision letter.


This was just 6 weeks after telling me, while I was representing a client, in front of her, that she was very good at her job (I have the tape recording if anyone would like to hear her). Well I had second thoughts of this within minutes of her statement.


IT would seem that poor Sarah was either, not trained properly on, read, or is purposely misleading her clients regarding the new regulation on the allotted time to ask for an Internal Review.


The regulation clearly states


Request for Internal Review


58. (1) The prescribed time for requesting an internal review is 10 days from the day the decision is received or deemed to have been received under section 50 of the Act. O. Reg. 222/98, s. 58 (1).
Note: On May 1, 2009, subsection (1) is amended by striking out “10 days” and substituting “30 days”. See: O. Reg. 48/09, ss. 4, 5 (4).
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_980222_e.htm#BK74


It is obvious that this new time line doesn’t start until May 1st. What will the repercussions be? Will the Hamilton ODSP honour her new illegal time period. Will The Social Benefits Tribunal strike it down? Who knows, only time will tell how many of the disabled will be denied benefits that they are entitled, because of a system that does not care that it doesn’t work properly (ONE MORE TIME).


Ron Payne

Welfare Legal

Hamilton, Ontario
Email welfarelegal2004(at)hotmail(dot)com welfarelegal2004@hotmail.com
Blog http://welfarelegal.blogspot.com/