Moving to federal disability definitions could open province to more claims, paralegal says

A London paralegal who helps clients with Ontario Disability Support Program (ODSP) claims says the province may be entering a quagmire by shifting to the federal definition of a disability.

The change was one of a number of tweaks to Ontario benefits programs announced yesterday by Social Services Minister Lisa MacLeod.

The changes to social assistance will allow welfare recipients who find work to keep more of their earnings before their payments are clawed back.

But critics say moving to the federal definition of disability will make it harder for some people to qualify for provincial benefits.

London, Ont., paralegal Rob Spencer says problems with the new rulesmay go deeper than that.

He said the federal government's test of law for disability tends to be higher than the provincial guidelines. At the same time, Spencer said the federal rules also tend to grant more permanent disability benefits, which could be a problem for an Ontario government with a stated aim of paring back the system's overall costs.

"The federal test of law precludes any kind of work," said Spencer. "So if you're applying for Canada Pension Plan disability, they want to be able to see that you are incapable of doing any kind of work.

"So the fact that they're moving to that test of law while they're encouraging more people to seek work, seems like they're not actually moving to that test of law, or will amend it."

MacLeod refused to say if fewer people will qualify for ODSPunder changes, but added that anyone who currently qualifies will be grandfathered into the system.

Not all recipients fit for work

As for MacLeod's plan to shift more people off benefits and into a job, Spencer said it's easier said than done.

"It needs significant supports and it needs a mindset that is open to the idea that in some cases, it's simply not going to be possible for clients to return to work," he said.

"It's because some clients' medical condition is so severe that it precludes them from any work."

Again this clashes with a clear intention by the Ford governmentto move more recipients off social assistance and into the workforce.

MacLeod said the current social assistance system puts users in a "cycle of dependency," making it difficult for people to find jobs and exit the system.

She said the government currently spends around $10 billion annually on social assistance, and added that only per cent of people on social assistance re-enter the workforce in any given month.