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ODSP Disputes in Personal Injury Claims

07.28.08

How accident victims can continue to receive government benefits such as Ontario Disability Support (ODSP) after an accident settlement for general damages (pain and suffering), future lost income or profit, medical expenses, rehabilitation expenses and even interest:

At the conclusion of a personal injury claim, issues often arise with respect to the Ontario Disability Support Program (ODSP). There can be an issue as to whether or not ODSP is entitled to reimbursement. There can also be an issue with respect to whether someone is entitled to continue to receive ODSP.

Whether ODSP has to be repaid depends upon what the settlement is for and the amount of settlement. There is no requirement to repay ODSP from amounts under $100,000.00 if the monies received were for:

  1. General damages (pain and suffering)
  2. General damages for the death of a family member
  3. Interest
  4. Future loss of income or future loss of profit
  5. Compensation for medical and rehabilitation expenses

If the payment for the above mentioned type of damages is above $100,000.00, then there is a requirement to repay ODSP out of any money received above $100,000.00.

If the settlement is for lost wages for the period that the person received ODSP, then ODSP is entitled to be repaid for that period. This is the case no matter how big the settlement is.

There are also limits on the amount of money someone may have and continue to receive ODSP. In special circumstances, all these limits and amounts may be increased to the benefit of the accident victim.

This is just a general overview of this topic. The rules are very complicated. A more detailed explanation can be found in an article I wrote for The Hamilton Law Association 8th Annual Advocacy Conference.

If you live in the Hamilton, Ontario area and need help with your ODSP dispute please contact me.


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1 Comment

  • Avatar On 12.02.09 janice wrote:

    hi i am going to settle a mva accident in hamilton in december 09. all lost wages were taken doller for doller of my odsp cheque for five years now. will that be given back to me in the settlement.i have a lawyer and dont know if the driver was drinking to this day or how much money we are asking for it is a complicated case and im hoping maybe you can offer some help if so i would be very gratfull

    thanks janice

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