Accidentally applied for Disability pension plan, will OSAP backpay?


#1

Hey everyone, first post here.

Last year, around March I mistakenly applied for the disability pension plan rather than OSAP. I had no idea I was filling out the wrong papers, I believe my step dad (the one who went the office to pick up the papers) was given the wrong ones by the workers. Anyways, there’s no way I’d be approve for the pension plan as I haven’t worked enough in recent years.

So I ended up finding out that I applied for the wrong type of disability until around October last year, about 6-7 months after the fact… Anyways, so then I filled out the OSAP papers, and got approved early January, and of course got the backpay till October. I asked the disability worker if they would be able to backpay till March when I accidentally applied for the pension plan, and told her I even got the doctors note filled out and everything, and she said (as I expected) that they can’t.

Would it be worthwhile opening a claim to try and get the full backpay? I believe I should be entitled to it, as it wasn’t my fault that I was given the wrong papers to fill out. Also, if so, how does the process work? Thanks!


#2

I assume you mean ODSP.
I have no idea how that works.

I doubt it matters if they gave you the wrong application but you should ask a lawyer.
Phone Resolute for a free consult.


#3

You can always appeal ODSP rulings. Unfortunately, we don’t handle ODSP appeals at Resolute Legal so it is not something we have experience with. We can’t really advise you on the chances of success.


David Brannen

Disability Lawyer with Resolute Legal

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