If you’re living in Ontario and dealing with the challenges of an injury or disability, you might be receiving support through the Ontario Disability Support Program (ODSP). But what happens if you get compensation, say from a lawsuit or insurance settlement? The rules can be confusing, so let’s break down what you need to know about how compensation may affect your ODSP benefits.
What is ODSP?
The Ontario Disability Support Program (ODSP) provides financial and employment support to individuals with disabilities. This helps cover basic living expenses and offers additional resources for those who qualify. However, if you receive compensation from a lawsuit of insurance settlement, your eligibility for ODSP can be affected. Understanding these rules can help you manage your benefits and make the most of your support.
Compensation Awards and ODSP
When you receive compensation due to an injury—whether from a settlement/judgment, insurance claim, or other source — there are specific guidelines on how this money interacts with your ODSP benefits. The key point is that some types of compensation can impact the amount of ODSP you receive, while others might be exempt from affecting your benefits.
Key Points About Compensation Awards and ODSP:
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Types of Compensation:
Non-Exempt Compensation: Some compensation, especially monies meant to cover lost income or damages for future earnings, can affect your ODSP. This means that any money you receive from these sources might be deducted from your ODSP payments. For example, if you settle a lawsuit that awards you a significant sum for lost wages, ODSP may reduce your benefits to account for this additional income or discontinue your benefits altogether.
Exempt Compensation: However, not all compensation impacts ODSP benefits. Certain compensation is considered “exempt,” meaning it won’t be deducted from your ODSP payments or interfere with your eligibility for ODSP. These typically include awards meant to cover specific expenses or damages related to your injury, like pain and suffering or costs for special equipment.
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Income and Asset Limits:
Asset Limits: ODSP has limits on the assets you can hold without affecting your eligibility. Compensation awards that exceed these limits could potentially reduce your ODSP benefits or even affect your eligibility.
Income Limits: The program also has income limits. If your compensation award is considered income, it might push your total income above the allowable limit for ODSP, leading to reduced benefits or payment stoppage.
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Reporting Requirements:
It’s crucial to report any compensation to your ODSP caseworker as soon as you receive it. Failure to do so could lead to issues with your benefits or even legal consequences. Keeping your caseworker informed ensures that your benefits are adjusted correctly and in a timely manner.
Why This Matters
Understanding how compensation awards affect your ODSP benefits is essential for managing your finances and ensuring you get the support you need. Whether you’re receiving compensation for a settlement from a lawsuit, or an insurance payout, knowing the rules helps you make informed decisions and avoid unexpected surprises.
Getting Help
If you’re unsure about how a compensation award will impact your ODSP, consider seeking advice from a legal professional who specializes in injury law or disability benefits. They can provide personalized guidance based on your situation and help you navigate the complexities of compensation and benefits.
In summary, while compensation awards can offer crucial financial relief after an injury, they also come with specific rules regarding how they interact with ODSP benefits. By understanding these rules and keeping your caseworker informed, you can better manage your support and focus on your recovery.
GAVIN COSGROVE
Gavin Cosgrove is a graduate of Holy Cross Catholic Secondary School in Kingston. Upon graduation, he attended Manhattan College (New York, NY) on an athletic scholarship where he competed in track and field. Gavin completed his legal studies at the University of New Brunswick.
Gavin joined Bergeron Clifford in the summer of 2009 and is now a partner with our firm.
Gavin is a proud member of the Ontario Trial Lawyers Association, the Frontenac Law Association, the County of Carleton Law Association, The Advocates’ Society, and the County of Lanark Law Association. He represents innocent victims of negligence in auto cases, medical malpractice and negligence cases.
