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Whelton Hiutin LLP Successful in Rescinding Ministry’s Decision at Social Benefits Tribunal

Whelton Hiutin LLP senior paralegal Brian Kirkland and lawyer Meaghan Coker were successful in a recent case before the Social Benefits Tribunal. On this appeal, the Tribunal decided the appellant had met the onus to prove the Ministry of Community and Social Services was wrong in its decision to deny the appellant’s Ontario Disability Support Program (ODSP) application.

The appellant had documented medical evidence supporting both physical and mental impairments. Accordingly, the Tribunal concluded the appellant had met the three-part definition of disability under section 4(1) of the Ontario Disability Support Program Act.

This appeal to the Social Benefits Tribunal was heard almost three years after the Ministry of Community and Social Services rejected the appellant’s ODSP application. The Ministry refused to overturn its original decision at internal review, and in two subsequent adjudication summaries, despite the appellant’s delivery of additional medical documentation. At the hearing, the Ministry sent a representative to present on its behalf. Mr. Kirkland and Ms. Coker appeared on behalf of the appellant, for whom Whelton Hiutin LLP is also acting in the Superior Court of Justice on a personal injury action where the appellant is a plaintiff.