[homeles_ot-l] fyi
Reuel S. Amdur
amdurre2 at sympatico.ca
Mon Aug 4 14:20:15 EDT 2008
This article appears in the current issue of Access Now.
Reuel S. Amdur
41, chemin Lavoie
Val-des-Monts, QC J8N 7N2
819-671-5526
Approx. 300 words
The System is Crazy
By
Reuel S. Amdur
Ever wonder how some of the crazy decisions on applications for benefits under the Ontario Disability Support Program (ODSP) happen? Well, let's take a look at one of the more bizarre.
After Mary's application was turned down by the Disability Adjudication Unit, she appealed to the Social Benefits Tribunal. At the hearing, I assisted the lawyer representing her. Of course, she was present, as was the Tribunal member hearing the case and a case presenting officer representing the Disability Adjudication Unit. I think that was all, but the member seemed to think otherwise, if we can judge by his written decision.
Let's be frank: the member was having visual hallucinations. He referred to another person, someone I certainly didn't see, someone identified as "the interpreter". But that's not all. He was also having auditory hallucinations. When I asked Mary if she could handle a job using a computer, she said no. I'm sure that the microphone recording the hearing would have picked up that no, but "the interpreter" apparently translated that as yes, and that's how it appeared in the decision.
But even if "the interpreter" had been correct-- and he, she, or it certainly was not-- the evidence was in any case quite sufficient to justify Mary's claim. The psychologist's report found her to be of low intelligence. The best option for her, according to the psychologist, would be placement in a sheltered workshop-but only after successful treatment for her severe depression.
While we might not expect our hallucinating presiding member to figure out the implications, we have to wonder why the case had to go to appeal. The Disability Adjudication Unit should have seen the obvious. I mean, what part of "sheltered workshop" did the anonymous adjudicator not understand?
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