ODSP and settlement payments
ODSP is a provincial assistance program which provides income support to qualified Ontario residents with disabilities. If you are receiving ODSP benefits, you are obligated to tell your caseworker that you were in an accident and that you have an ongoing legal case. Whether you are required to repay ODSP from any money you receive from the settlement of the lawsuit depends on the amount of your settlement and what you receive money for.
If you settle your lawsuit, your ODSP payments will continue as long as you do not receive compensation for your personal injuries which is over $100,000.00, for your pain and suffering or expenses actually or reasonably incurred or to be incurred (future care). There are situations where you may be able to continue receiving ODSP payments if you exceed the $100,000 limit but, only with the approval of the Director of ODSP. For example, you might be entitled to a higher amount if your future care needs are significant.
If you receive any settlement money for your income loss representing a time period when you were receiving ODSP payments, then ODSP will be entitled to be repaid for that period of time.
Whether your ODSP benefits will be affected depends on the specific circumstances of your case and the details of your settlement. You should consulting with an experienced personal injury lawyer who can assist you in maximizing your settlement.