Successful ODSP Appeal Secures Disability Status for Client in SBT Decision

Taylor Mergui Law Group is proud to announce that lawyer Suganiya Sivabalan has secured a major victory for our client at the Social Benefits Tribunal. In SBT File Number 2311 07808, the Tribunal overturned the Director’s earlier decision and confirmed that our client meets the legal definition of a person with a disability under the Ontario Disability Support Program Act 1997.

Our client had been denied disability support after the Director concluded that his health conditions were not substantial and did not significantly limit his daily activities. Ms. Sivabalan fought hard to challenge that conclusion by presenting strong medical evidence and heartfelt testimony to show the full reality of our client’s situation. The case focused on chronic back pain and a serious injury to our client’s dominant right hand. While each condition alone might not have met the legal threshold, the Tribunal agreed that together they had a major and lasting impact on his ability to work and perform everyday tasks.

An important moment in the hearing came when new medical evidence submitted just two days past the deadline was accepted by the Tribunal. This evidence directly related to our client’s condition at the time of the original decision and helped paint a complete and compelling picture of his impairments. The Tribunal also placed significant weight on our client’s sworn testimony, finding his account credible and consistent with the medical reports.

In its decision, the Tribunal recognized the substantial restrictions our client faces in the workplace, including difficulty standing, sitting, maintaining posture and using his right hand for even simple activities. It found that these limitations prevented him from returning to the work he once enjoyed and from engaging in hobbies and household tasks.

The Tribunal granted the appeal, rescinded the Director’s decision and ordered that our client be provided with disability support subject to eligibility. A review date has been set for two years reflecting both his determination to seek treatment and the ongoing nature of his impairments.

This result is a powerful example of the difference that thorough preparation, strategic advocacy and an unwavering commitment to clients can make. We commend Ms. Sivabalan for her dedication and skill in achieving this life changing outcome.