What Qualifies for Permanent Disability?March 20, 2020
Many Ontario residents who face the prospect of living with a disability ask themselves, “what qualifies for permanent disability?” It’s a pertinent query, but one that has a rather complex answer. An important thing to keep in mind is that you need to meet four criteria, at a minimum, in order to qualify for benefits.
What Qualifies You for Permanent Disability in Ontario?
Requirements for permanent disability include ALL the following:
- Being at least 18 years of age
- Being a legal resident of Ontario, Canada
- Being in a current state of financial need as defined by the statute
- Meeting the legal definition of a “person with a disability” or being a member of a prescribed class
Note: concerning the above four criteria, you must meet all of them in order to qualify for permanent disability.
What is a “Person with a Disability”?
According to Ontario law, a person with a disability meets three criteria simultaneously:
- The person has a significant physical or mental impairment that continues or is expected to go on for a year or longer
- The impairment has affected the person’s ability to attend to personal care, work or function in the community
- There is proper documentation of the disability or impairment, usually by a medical doctor who has treated the person
If you fail to meet the definition, the only other option to meet this criterion is to be a member of a prescribed class. To call oneself a member of a prescribed class is rather complex, but you can read the official government information by clicking here. Note that there are nine different ways to meet the “prescribed class” definition. You need not meet anymore than one of the criteria to claim prescribed class status.
It is essential to retain all documentation of medical visits, employer meetings and any other interaction you have with a person or group of people regarding your disability.
Even if you hire a lawyer to help with your claim, having a complete file of all your pertinent documents will help immensely with the success of your claim. Not only will you have a higher probability of success, but you’ll also be able in most cases to receive benefits much faster. Lawyers who handle such cases on a regular basis stress to their clients the importance of keeping every piece of medical records and job-related documentation.
At worst, you’ll be having to maintain a very large file box of papers. But in the vast majority of permanent disability claims, failed applications are rejected due to lack of documentation or insufficient grounds to file a claim in the first place.
How to Proceed and File a Successful Claim
Knowing what qualifies for permanent disability is only part of the puzzle. The other parts include having all the correct documentation and filing a proper claim with the authorities.
In most cases, you will need the help of a competent lawyer to be successful with a claim. Professionals who have filed many cases and received payments for their clients will know how to present your case in the best possible light.
Not only will a lawyer make certain that you meet all the requirements for permanent disability, he or she will also collect medical records, employment records, medical histories and any other relevant items needed for a successful filing.
Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.