ODSP is Discriminatory
Monday, August 5, 2013
Add Comment
I'm nearing the end of a Human Rights case and I told my lawyer I was worried about receiving settlement money; that ODSP would take it.
The lawyer got my permission and then called my worker at ODSP. My worker then phoned me. She told me she had some forms to fill out. My lawyer meanwhile, told me that ODSP can't take the money.
Well, the forms just arrived in the mail and, unless I am seriously misreading something, it appears that that's exactly what ODSP will do. They will take every penny of the settlement. Once more, if I don't sign
the consent forms before August 14th, my cheque will be suspended.
I still don't know if I'll get any settlement money, let alone how much.
This is ludicrous.
Below are the forms with names and identifying information blacked out. (Hint: Click on the image to see a larger version).
Here's some logic and some factual ODSP rules to go with it.
Sorry for the length and complexity - because my case is VERY complex. I've been discriminated against for years.
I think it's important that you know a bit about the mindset of the Regional Director for the Kingston office.
This quote from the Regional ODSP Director tells all. It was contained in a response to the SBT and it shows the attitude towards the fact my family is willing and able to legally support me over and above what ODSP gives me. It also likely explains why the ODSP office is now trying to force me to sign those papers that said they can take everything that comes out of this settlement.
It doesn't even make sense for them to say this must be done by August 14th or they'll suspend my cheque because theoretically, I don't even know officially if I will get a settlement. I also don't know for certain how much it will be. ODSP has no legal right to push me like this, and they have no legal right to try to take all the money.
Here is the quote that shows the attitude that likely led to them mailing me those claw back forms.
If the truth be told, and the director were to read Directive 5.9, they'd see I am legally entitled to, not only $500/month up to a maximum of $6,000 per year, but I am legally entitled to all kinds of other money to pay for disability accommodations (instead of the taxpayer) that the Kingston office has been denying me for years.
I'm even allowed to have coverage for the extraordinary amounts I pay for the Access Bus, but ODSP insists it must be considered part of that $6,000 annual amount, not a legitimate disability related expense. That's why I'm so frustrated and that's why I felt I had to launch this case [against transit] in the first place.
There are two directives that spell out the rules for how family support can be handled; Directive 5.9 and Directive 5.8. Both list all kinds of things that my family could pay for to accommodate my disability, but I have not been able to fight it.
I'd even be able to pay for an exercise program so I could do, as I'm supposed to do to look after the severe Osteoarthritis in my neck. By doing exercise I'd lose weight, keep mobile, take care of my health, and minimize the pain. However, there are no accessible exercise programs in Kingston. This means, theoretically I could use the money that Dad's willing to spend, to pay for a bus or train to Toronto, exercise, and then come home. I could also pay to live in a Retirement Home, not a nursing home and not in an apartment that's nowhere near accessible enough.
I could even modify my apartment or hire some help to come in, but ODSP hasn't allowed me to do that ever.
With this knowledge I have asked for legal help take the ball and run with it. I'm asking that, when a lawyer takes this on, that they, when sorting this mess out, point out how this settlement money theoretically doesn't have to be counted toward the $6,000 they say I can get each year and supposedly spend in whatever way I wish.
I can prove how the money to buy Access Bus tickets should be exempt. I can prove how costs for my service dog are legit. I can even prove how the Restaurant meals I've been forced to eat locally when I have no help to cook a meal at home, is a legitimate disability related expense. I could do this by showing them a copy of my MRI report and by taking photos of my kitchen. I could also show you copies of how many times I've been referred to CCAC and other outside services to get things made more accessible, like with my computer desk, my home, and my wheelchair. I can also show you letters on why these things were denied. They were denied because these disability related expenses don't fall within CCAC jurisdiction. The CCAC's answer was, get funding from the family or from some other outside source (and ODSP wouldn't let that happen).
I am indeed fortunate to have family financial support, but what good is it if the local ODSP office keeps harassing me and denying me the legitimate, and legal support from the family, like this?
It's discrimination and it's emotionally hurting me to the point where it has been declared I am traumatized.
Because legal support is so limited, I'm not sure whether my human rights lawyer will be able to tie these things together. All I can do is hope.
Please read my other Blogs:
Transportation: http://wheelchairdemon-transit.blogspot.com
Health Care: http://wheelchairdemon-health.blogspot.com
The lawyer got my permission and then called my worker at ODSP. My worker then phoned me. She told me she had some forms to fill out. My lawyer meanwhile, told me that ODSP can't take the money.
Well, the forms just arrived in the mail and, unless I am seriously misreading something, it appears that that's exactly what ODSP will do. They will take every penny of the settlement. Once more, if I don't sign
the consent forms before August 14th, my cheque will be suspended.
I still don't know if I'll get any settlement money, let alone how much.
This is ludicrous.
Below are the forms with names and identifying information blacked out. (Hint: Click on the image to see a larger version).
Here's some logic and some factual ODSP rules to go with it.
Sorry for the length and complexity - because my case is VERY complex. I've been discriminated against for years.
I think it's important that you know a bit about the mindset of the Regional Director for the Kingston office.
This quote from the Regional ODSP Director tells all. It was contained in a response to the SBT and it shows the attitude towards the fact my family is willing and able to legally support me over and above what ODSP gives me. It also likely explains why the ODSP office is now trying to force me to sign those papers that said they can take everything that comes out of this settlement.
It doesn't even make sense for them to say this must be done by August 14th or they'll suspend my cheque because theoretically, I don't even know officially if I will get a settlement. I also don't know for certain how much it will be. ODSP has no legal right to push me like this, and they have no legal right to try to take all the money.
Here is the quote that shows the attitude that likely led to them mailing me those claw back forms.
If the truth be told, and the director were to read Directive 5.9, they'd see I am legally entitled to, not only $500/month up to a maximum of $6,000 per year, but I am legally entitled to all kinds of other money to pay for disability accommodations (instead of the taxpayer) that the Kingston office has been denying me for years.
I'm even allowed to have coverage for the extraordinary amounts I pay for the Access Bus, but ODSP insists it must be considered part of that $6,000 annual amount, not a legitimate disability related expense. That's why I'm so frustrated and that's why I felt I had to launch this case [against transit] in the first place.
There are two directives that spell out the rules for how family support can be handled; Directive 5.9 and Directive 5.8. Both list all kinds of things that my family could pay for to accommodate my disability, but I have not been able to fight it.
I'd even be able to pay for an exercise program so I could do, as I'm supposed to do to look after the severe Osteoarthritis in my neck. By doing exercise I'd lose weight, keep mobile, take care of my health, and minimize the pain. However, there are no accessible exercise programs in Kingston. This means, theoretically I could use the money that Dad's willing to spend, to pay for a bus or train to Toronto, exercise, and then come home. I could also pay to live in a Retirement Home, not a nursing home and not in an apartment that's nowhere near accessible enough.
I could even modify my apartment or hire some help to come in, but ODSP hasn't allowed me to do that ever.
With this knowledge I have asked for legal help take the ball and run with it. I'm asking that, when a lawyer takes this on, that they, when sorting this mess out, point out how this settlement money theoretically doesn't have to be counted toward the $6,000 they say I can get each year and supposedly spend in whatever way I wish.
I can prove how the money to buy Access Bus tickets should be exempt. I can prove how costs for my service dog are legit. I can even prove how the Restaurant meals I've been forced to eat locally when I have no help to cook a meal at home, is a legitimate disability related expense. I could do this by showing them a copy of my MRI report and by taking photos of my kitchen. I could also show you copies of how many times I've been referred to CCAC and other outside services to get things made more accessible, like with my computer desk, my home, and my wheelchair. I can also show you letters on why these things were denied. They were denied because these disability related expenses don't fall within CCAC jurisdiction. The CCAC's answer was, get funding from the family or from some other outside source (and ODSP wouldn't let that happen).
I am indeed fortunate to have family financial support, but what good is it if the local ODSP office keeps harassing me and denying me the legitimate, and legal support from the family, like this?
It's discrimination and it's emotionally hurting me to the point where it has been declared I am traumatized.
Because legal support is so limited, I'm not sure whether my human rights lawyer will be able to tie these things together. All I can do is hope.
Please read my other Blogs:
Transportation: http://wheelchairdemon-transit.blogspot.com
Health Care: http://wheelchairdemon-health.blogspot.com
0 Response to "ODSP is Discriminatory"
Post a Comment