ODSP benefits: eligibility, applications, and appeals in Ontario

The Ontario Disability Support Program (ODSP) is a key income and benefits program that many Ontarians rely on or hope to access. As a result, lawyers can expect frequent client questions about ODSP benefits, application processes, and appeals.

In this article, we will outline key ODSP benefits, the application and appeal process, and other practical points for counsel. This guide is both for lawyers and clients who want to understand ODSP benefits.

What are ODSP benefits in Ontario?

There are two main types of support for people with disabilities under the ODSP:

• income support: helps people with disabilities pay for their living expenses, like food and rent; as of July 2025, a single person can receive up to $1,408 a month for basic needs and shelter; this amount depends on family size and other factors
• employment support: helps persons with disabilities who want to work by helping them get ready for a job, find employment, or start their own business; once they start working, the ODSP can also help them keep their job or advance their career

In addition to these two main supports, ODSP offers several health‑related benefits for recipients:

• drug coverage: recipients of the income support can get coverage for prescription drugs when prescribed by an approved health care professional
• dental care: includes basic dental services, plus other services if the recipient's disability, prescribed medications, or prescribed treatment affects their oral health
• vision care: covers the cost of routine eye examinations once every two years if coverage under the Ontario Health Insurance Plan (OHIP) is unavailable, plus prescription eyeglasses once every three years
• medical transportation: if recipients spend $15 or more a month on transportation, they can receive travel subsidies to and from medical appointments with approved healthcare professionals
• assistive devices: if the ODSP recipient qualifies for the Assistive Devices Program (ADP) and has a long-term disability, ODSP can help with equipment and supplies by covering some costs not paid by ADP
• special diet allowance: helps eligible ODSP recipients and their family members with the extra costs of a special diet for an approved medical condition
• pregnancy and breastfeeding support: for those who are pregnant or breastfeeding, a subsidy of $40 monthly is given to help with the costs of a regular diet, or $50 monthly for a non-dairy diet if they are lactose intolerant; this can continue until the baby reaches 12 months of age
• guide dog benefit: if the recipient owns a certified service or guide dog, they can receive $84 monthly for each dog to help pay for their care

Some benefits may apply specifically to a recipient's spouse and can also extend to other family members, depending on the program.

Benefits comparison: ODSP vs. CPP

Here's a video that briefly differentiates ODSP benefits from Canada Pension Plan (CPP) benefits:

For more resources and videos to support your practice, visit our Multimedia page.

When a recipient leaves the ODSP

If the recipient leaves the ODSP because income from another source, such as employment or CPP, makes them ineligible, they may still qualify for some ODSP health benefits.

Under the Extended Health Benefit (EHB), recipients can get help to pay for the high health costs if they no longer qualify for ODSP once their income becomes too high. This benefit may help with the following costs:

• prescription drugs
• dental care
• vision care
• medical supplies
• transportation costs
• assistive devices

In addition, the Transitional Health Benefit (THB) can also help pay for the health costs if:

• they have a job and don't qualify for the EHB
• don't get enough health benefits from their employer

If a person is no longer eligible for both the EHB and the THB, they may still be qualified for the Trillium Drug Program (TDP), which covers the costs of some prescription drugs.

What is the process of applying for ODSP benefits?

First, you must determine whether a person is eligible for ODSP benefits. Second, you must understand the application process.

Eligibility for ODSP benefits

Here the eligibility requirements for those who want to apply for ODSP benefits:

• age: must be 18 years old
• residency: must be an Ontario resident
• assets: must have assets not greater than the limits set out in the ODSP
• financial need: must be in financial need, after being assessed by the ODSP
• disability: must meet the program's definition of a "person with a disability," or be a member of a prescribed class

Under the ODSP Act, a person with a disability is someone:

• who has a substantial physical or mental impairment, which is continuous or recurrent, and is expected to last for one year or more
• whose impairment substantially restricts their ability to attend to their personal care, or function in the community or in a workplace
• whose impairment, its duration, and its impact on daily activities have been verified by an appropriate health professional

These eligibility standards, and the ODSP Act itself, are critical both during the application process and when disputing an ODSP decision.

Be inspired by the top legal professionals in the province by watching this video of one of the Canadian Lawyer's Best Personal Injury Law Firms in Ontario:

Check out our Events page for information on upcoming conferences and awards for lawyers and legal professionals across Canada.

Process of applying for ODSP benefits

Here's a summary of how to apply for ODSP benefits with the Ministry of Children, Community and Social Services (the Ministry):

1. Complete the initial application: After contacting the local ODSP office, a caseworker will ask the applicant to complete an application form. At this stage, ODSP will review the applicant's financial eligibility by looking at their circumstances, income, assets, living expenses, family size and composition, and shelter costs.
2. Receive the Disability Determination Package (DDP): If the applicant is found financially eligible, the caseworker will give them a DDP. The applicant and their approved health care professional must complete this package together.
3. Timely complete and return the DDP: The applicant has 90 days to complete and return the package to the Ministry's Disability Adjudication Unit (DAU). Otherwise, the ODSP will consider the application withdrawn, unless the applicant makes a written request for an extension and the ODSP approves it.
4. Wait for the disability determination review: Under the Disability Determination Process, the Ministry's DAU will review the completed package to determine if the applicant meets the ODSP's definition of a "person with a disability."
5. Decision on the application: The ODSP will send a letter to the applicant for their decision. If they meet the definition of a person with a disability, their local ODSP office will confirm that they still qualify financially. If applicant qualifies on both counts (financially and as a person with a disability), they will receive the ODSP's income support.

Lawyers are not required for ODSP applications but having one can help ensure the application is complete and legally compliant.

How can applicants challenge a decision on their ODSP benefits?

When an ODSP decision is unfavourable, the next step is to appeal, ideally with the help of a lawyer.

The appeal process

Here's the two-step appeal process for ODSP benefits:

1. Ask for an internal review if an applicant disagrees with the decision regarding their ODSP benefits application.
2. Appeal to the Social Benefits Tribunal (SBT), if an applicant wants to appeal against the decision of the internal review.

These steps apply to both financial decisions and disability status decisions under the ODSP Act. We'll discuss each below.

1. Asking for an internal review

Internal reviews apply to decisions on eligibility, the amount of assistance, specific benefits, and other aspects of ODSP support. Here are some things to consider when asking for an internal review from the ODSP:

• appeal must be in writing: it must include the applicant's personal details and the reasons for disagreeing with the ODSP's decision
• supporting documents: these must be attached in the written appeal (e.g., medical evidence, such as specialist or imaging reports)
• where to send the appeal: financial internal review requests must be submitted to the local ODSP income support office; disability status internal review requests go to the DAU at the Ministry's Toronto post office box and fax number
• when to appeal: applicants have 30 days from the date they receive the decision to request an internal review

After receiving the request and supporting documents, the Ministry will issue a written internal review decision within 30 days. However, if the applicant withdraws the internal review before a decision is made, the original ODSP decision cannot later be appealed to the SBT.

2. Appealing to the SBT

The applicant can then appeal to the SBT if they:

• disagrees with the internal review result, or
• does not receive an internal review decision within 30 days

Here are some considerations when it comes to SBT appeals:

• internal review requirement: applicants cannot appeal directly to the SBT; an internal review is the required first step
• when to appeal: the applicant has 30 days from receiving the internal review decision to file an appeal to the SBT
• how to appeal: complete the Appeal Form from the SBT, a local ODSP office, or a legal clinic, then mail or fax it to the SBT's Toronto office
• scheduled hearing: four to eight weeks after the appeal is filed, the SBT will send a Notice of Hearing with the date, time, format, and location of the hearing

After the hearing, which may take up to 10 months, the SBT will issue a written decision within 60 days.

ODSP benefits: How lawyers can help applicants

Lawyers can help applicants in many ways to improve their chances of receiving the ODSP benefits they seek. Beyond explaining clients' rights and assisting with applications, lawyers are often highly sought after for appeals of ODSP decisions.

Bookmark our Personal Injury practice area page for more news and updates for legal professionals in Ontario, including recent articles regarding ODSP benefits.