Job Specification

Purpose of Position :

To review, assess, prepare and present cases to Social Benefits Tribunal (SBT) when disability applicants appeal Ministry decisions regarding eligibility.

Duties / Responsibilities :

Employees in these positions respond to requests made by ODSP recipients and/or their representatives for an Internal Review of decisions made by Ministry staff pertaining to client eligibility. Staff reviews, prepares and presents cases on behalf of the Director at the Social Benefit Tribunal.

1. Reviews decisions and assesses cases referred for internal review by:
• Responding on behalf of the Director to requests made from ODSP recipients and their representatives regarding their cases;
• Determining that request for the Internal Review is within the designated time frames;
• Reviewing decisions made by the ODSP Case Worker, to determine compliance with the legislation, regulation and guidelines;
• Determining whether original decision should remain, be altered or whether settlement is appropriate; when required, negotiates settlements with clients and their representatives;
• Advising the client or their representative in writing the results of the Internal Review; stating the Ministry's position, summarizing the reason for the decision; when necessary, advises clients and their representatives of their option to proceed with an appeal to the Social Benefits Tribunal.

2. Reviews/assess/prepares and presents, on behalf of the Director, the Ministry's cases proceeding to hearings at the Social Benefits Tribunal, in accordance with legislation, regulations and guidelines, by:
• Compiling evidence and documentation to support the Ministry's position;
• Examining documents and verifying accuracy and veracity of contents, compliance with ODSP legislation and regulations, policies and guidelines, accessing additional information from a variety of sources, interviewing clients, where appropriate;
• Assessing whether the SBT has jurisdiction in consultation with Legal Services;
• Determining on the basis of the data whether settlement is appropriate in view of the legislation and guidelines and discussing with the ODSP Case Worker/ODSP Manager.
• Negotiating settlements with clients and their representatives where appropriate, e.g. on the amount of retroactivity;
• Developing the argument and strategy for presenting the case, such as the method of examination and sequence of evidence, the appearance of witnesses, obtaining the attendance of any necessary witnesses;
• Reviewing and assessing submissions to SBT by appellants or their representatives to assist in preparing the cases, including preliminary preparation for rebuttal;
• Preparing and filing written submissions with SBT prior to hearings;
• Stating the Ministry's position, presenting the documentary evidence relevant to the case in accordance with the appropriate procedures and examining witnesses to substantiate the Director's position;
• Cross-examining witnesses including the appellant on the evidence presented and raising objections to appellants' or their representatives' evidence or arguments, if appropriate;
• Summarizing the Ministry's case and rebutting arguments and summation made by appellants or their representatives.

3. Acts as resource to the Regional Office and Income Support Program by:
• Assessing SBT decisions in consultation with ODSP Manager and referring cases to legal services for review and recommendations regarding requests for reconsideration of decisions by SBT or recommendations to appeal the decision the decision at Divisional Court, if this appears warranted;
• Preparing reports and presenting briefings on SBT decisions and any implications;
• Providing information on SBT and divisional court decisions and interpretations to ODSP staff and acting as a resource person or trainer for ODSP staff on issues involving the appeal process and SBT decision;
• Keeping abreast of new developments in ODSP and exchanging information with counterparts in other offices and the ODSP Branch on an ongoing basis.

4. Maintains statistics, generates reports and carries out other duties as assigned. The ODSP Manager has the authority to assign additional duties.

Staffing and Licencing :

Advanced level of proficiency in oral and written French language.
Valid Driver's Licence

Knowledge :

Position requires:
Detailed knowledge of ODSP and other related programs, and the legislation and guidelines governing their administration to review eligibility decisions.
Knowledge of the functions of other government programs, such as legal services, and appeal proceedings at Social Benefit Tribunal. Knowledge of case preparation and Board procedure to prepare and present cases and cross-examine witness; knowledge of important decisions of the Ontario Divisional Court.

Skills :

Well developed presentation skills are required to represent the Ministry at the Social Benefits Tribunal. Writing skills are needed to prepare recommendations to Ministry staff and pertaining to client's eligibility as determined by the Internal Review process; prepare written submissions to the SBT, cases summaries for ODSP clients and their representatives outlining the results of the Internal Review process.

Also required are: investigative skills to research case background; analytical skills to assess cases and determine eligibility and for developing strategy in case preparation; demonstrated success in conflict resolution and good negotiating skills to achieve settlements with clients and their representatives; good organizational skills to organize information and ensure that all necessary case preparation, including the involvement of other staff, is accomplished in a timely manner. Judgement and problem solving skills are required when determining cases to be submitted for reconsideration by the Social Benefits Tribunal. Interpersonal skills, tact, diplomacy and discretion are required to deal effectively with clients, advocates and Social Benefits Tribunal members.
Ability to access and retrieve relevant computerized data in the ODSP and carry out basic mathematical calculations to determine overpayment amounts. Ability to work effectively within a team and also with considerable autonomy.

Freedom of Action :

Reporting to the ODSP Manager, the Position works with limited on-site supervision, and works within the parameters of the ODSP Act, regulations, policies and procedures. The employee is responsible for appropriate eligibility decisions; giving correct information and advice, providing effective liaison with other community programs; maintaining confidentiality. Issues of a particularly complex or sensitive nature would be discussed with the ODSP Manager with recommendations and follow up action to be taken.
Work requires referring to the ODSP Manager for input and advice, matters involving precedents, situations involving possible impacts on the Ministry, or contentious matters.