I Need to Apply for Disability Benefits: Difference between revisions

From Clicklaw Wikibooks
Jump to navigation Jump to search
 
(11 intermediate revisions by the same user not shown)
Line 1: Line 1:
{{Template:Legal Help Guide TOC}}If you have disabilities and you are financially eligible, you may qualify for <span class="noglossary">disability</span> benefits from the Ministry of Social Development and Social Innovation ("the Ministry"). There are two main types of <span class="noglossary">disability</span> benefits: disability assistance  for people who the Ministry designates as Persons with Disabilities (PWD), and PPMB benefits for applicants who the Ministry designates as Persons with Persistent Multiple Barriers to employment (PPMB).
{{Template:Legal Help Guide TOC}}If you have disabilities and you are financially eligible, you may qualify for <span class="noglossary">disability</span> benefits from the Ministry of Social Development and Poverty Reduction ("the Ministry"). There are two main types of <span class="noglossary">disability</span> benefits: disability assistance  for people who the Ministry designates as Persons with Disabilities (PWD), and PPMB benefits for applicants who the Ministry designates as Persons with Persistent Multiple Barriers to employment (PPMB).


To qualify for the PWD designation:
To qualify for the PWD designation:
Line 7: Line 7:
*you must need  significant help from another person to do specific daily activities, or else require help from an assistive device or assistance animal to perform those activities.  
*you must need  significant help from another person to do specific daily activities, or else require help from an assistive device or assistance animal to perform those activities.  


If you do not qualify for the PWD designation, you may still qualify for the PPMB designation. To qualify for the PPMB designation:
If you do not qualify for the PWD designation, you may still qualify for the PPMB designation. There were major changes to the criteria for the PPMB designation in  
*you must have a medical condition (other than an addiction) that seriously  affects your ability to look for, accept or continue employment, and
*your doctor must confirm that your medical condition has lasted for at least one year, or has occurred frequently in the past year, and is likely to last for at least another two years.


Please note that PPMB benefits are only available to people who have been on welfare for 12 out of the previous 15 months.
To qualify for the PPMB designation, you must:
*  be at least 19 years old;
•  be receiving income assistance or hardship assistance;
•  have a health professional confirm that you have a health condition that
        (A)has continued for at least one year and is likely to continue for at least 2 more years, or
        (B)has occurred frequently in the past year and is likely to continue for at least 2 more years;
have the Ministry agree that your health condition "seriously impedes" your ability to search for, accept, or continue in employment. "Seriously impedes" means your health condition stops you
from working in any job that would allow you to earn enough money to get off welfare completely.
• You must also have at least one additional barrier that seriously impedes your ability to search for, accept or continue in employment. An additional barrier can be anything from this list:


o    experience family violence or have experienced family violence in the past
six months
o are homeless or have been homeless in the past 12 months
o have less than a Grade 12 education
o need English language skills training
o don’t have basic skills for employment
o have a criminal record
o have used emergency health services, mental health service, or addiction
services multiple times in the past 12 months
o are a recent Convention refugee (in the last 24 months) or a refugee claimant
o are a former child in care (Ministry of Children and Family Development or
similar Canadian jurisdiction)
o have other severe barriers to employment listed on your application.
Before  July 1, 2019, the Ministry did not consider addiction to be a "health condition" that could qualify someone for the PPMB designation.  If you applied for the PPMB designation before July 1, 2019 and were refused, you can apply for the PPMB designation again under the current criteria.
{{Tipsbox
{{Tipsbox
| width = 70%
| width = 70%
Line 28: Line 49:


=== PPMB benefits ===
=== PPMB benefits ===
#Tell a Ministry worker you want to apply for the PPMB designation. He or she will do an assessment of your non-medical barriers to employment (e.g., lack of education, literacy or work history) and give you a medical report form for your doctor to complete (see page 46 of [http://www.clicklaw.bc.ca/resource/1082 ''How to Apply for Welfare'']).
# If you are not already receiving income assistance or hardship assistance, you must first apply for welfare;
#Your doctor must complete the <span class="noglossary">application</span>, including details about why your medical condition stops you from looking for, accepting or continuing to work.
# As soon as you start receiving income assistance or hardship assistance, tell a Ministry worker that you want a PPMB designation application form;
#Get the completed medical report form from your doctor and return it to the Ministry.
# A health professional must complete section 1 of the <span class="noglossary">application</span>, including details about why your medical condition stops you from looking for, accepting or continuing to work. Health professionals that can complete the PPMB application form are:
•medical practitioners (doctors); chiropractors; registered psychologists; nurse practitioners; occupational therapists; school psychologists; registered nurses; registered social workers; registered clinical counsellors; registered psychiatric nurses; physical therapists
#4  Once you get the completed medical report form from your health professional, you must complete section 2 of the application to provide information about additional barriers you face.  Include any supporting information you have to confirm any additional barrier(s).  Once all sections of the application form are completed, return it to the Ministry.


== What happens next ==
== What happens next ==
Line 38: Line 61:
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*The Legal Services Society publications [http://www.clicklaw.bc.ca/resource/1082 ''How to Apply for Welfare''] and [http://www.clicklaw.bc.ca/resource/1964 ''Social Assistance on Reserve in British Columbia''].
*The Legal Services Society publications [http://www.clicklaw.bc.ca/resource/1082 ''How to Apply for Welfare''] and [http://www.clicklaw.bc.ca/resource/1964 ''Social Assistance on Reserve in British Columbia''].
*[[Advocacy Access Program]], a service of Disability Alliance BC (formerly known as the BC Coalition of People with Disabilities). Also try their [http://www.clicklaw.bc.ca/organization/solveproblems/1013 Help Sheet Series].
*[[Advocacy Access Program]], a service of Disability Alliance BC (formerly known as the BC Coalition of People with Disabilities). Also try their [http://www.clicklaw.bc.ca/organization/solveproblems/1013 Help Sheet Series], which include help sheets about how to apply for the PWD and PPMB designations.  
*[[PovNet]], for their "[http://www.povnet.org/find-an-advocate Find An Advocate]" feature for welfare advocates near you.
*[[PovNet]], for their "[http://www.povnet.org/find-an-advocate Find An Advocate]" feature for welfare advocates near you.
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
Line 48: Line 71:
}}
}}


{{REVIEWED | reviewer = [[Alison Ward]], May 2017}}
{{REVIEWED | reviewer = [[Alison Ward]],July 2021}}


{{Template:Legal Help Guide Navbox|type=problems}}
{{Template:Legal Help Guide Navbox|type=problems}}


{{Creative Commons for Legal Help Guide}}
{{Creative Commons for Legal Help Guide}}

Latest revision as of 21:48, 6 August 2021

If you have disabilities and you are financially eligible, you may qualify for disability benefits from the Ministry of Social Development and Poverty Reduction ("the Ministry"). There are two main types of disability benefits: disability assistance for people who the Ministry designates as Persons with Disabilities (PWD), and PPMB benefits for applicants who the Ministry designates as Persons with Persistent Multiple Barriers to employment (PPMB).

To qualify for the PWD designation:

  • you must be at least 18 years old,
  • you must have a severe mental or physical impairment that is likely to last at least two years,
  • your disability must directly and significantly restrict your ability to do specific daily activities (either continuously or for extended periods of time), and
  • you must need significant help from another person to do specific daily activities, or else require help from an assistive device or assistance animal to perform those activities.

If you do not qualify for the PWD designation, you may still qualify for the PPMB designation. There were major changes to the criteria for the PPMB designation in

To qualify for the PPMB designation, you must:

  • be at least 19 years old;

• be receiving income assistance or hardship assistance; • have a health professional confirm that you have a health condition that

       (A)has continued for at least one year and is likely to continue for at least 2 more years, or
       (B)has occurred frequently in the past year and is likely to continue for at least 2 more years; 

• have the Ministry agree that your health condition "seriously impedes" your ability to search for, accept, or continue in employment. "Seriously impedes" means your health condition stops you from working in any job that would allow you to earn enough money to get off welfare completely. • You must also have at least one additional barrier that seriously impedes your ability to search for, accept or continue in employment. An additional barrier can be anything from this list:

o experience family violence or have experienced family violence in the past six months o are homeless or have been homeless in the past 12 months o have less than a Grade 12 education o need English language skills training o don’t have basic skills for employment o have a criminal record o have used emergency health services, mental health service, or addiction services multiple times in the past 12 months o are a recent Convention refugee (in the last 24 months) or a refugee claimant o are a former child in care (Ministry of Children and Family Development or similar Canadian jurisdiction) o have other severe barriers to employment listed on your application.

Before July 1, 2019, the Ministry did not consider addiction to be a "health condition" that could qualify someone for the PPMB designation. If you applied for the PPMB designation before July 1, 2019 and were refused, you can apply for the PPMB designation again under the current criteria.

The criteria for PWD benefits and PPMB benefits are complicated. Try to get help from an advocate in filling out your application. A lot of people tend to minimize their disabilities. It is much better to put in a very thorough application, than to be turned down and have to appeal.

First steps[edit]

See the Legal Services Society publication How to Apply for Welfarefor a summary of the process for applying for PWD benefits and PPMB benefits, at pages 44 to 46.

PWD benefits[edit]

  1. If you are not already receiving income assistance or PPMB benefits, you must first apply for welfare (see page 44 of the Legal Services Society publication How to Apply for Welfare)
  2. Ask a Ministry worker for a Persons with Disabilities Designation Application Form.
  3. Complete the application carefully. It is more than 20 pages long and has three parts: Part 1 for you to complete, Part 2 for your doctor to complete, and Part 3 for an assessor to complete. The assessor can be your doctor, or an occupational therapist, physical therapist, social worker, registered psychologist, registered nurse, registered psychiatric nurse, chiropractor or nurse practitioner.
  4. Mail your application to the address on the application.

PPMB benefits[edit]

  1. If you are not already receiving income assistance or hardship assistance, you must first apply for welfare;
  2. As soon as you start receiving income assistance or hardship assistance, tell a Ministry worker that you want a PPMB designation application form;
  3. A health professional must complete section 1 of the application, including details about why your medical condition stops you from looking for, accepting or continuing to work. Health professionals that can complete the PPMB application form are:

•medical practitioners (doctors); chiropractors; registered psychologists; nurse practitioners; occupational therapists; school psychologists; registered nurses; registered social workers; registered clinical counsellors; registered psychiatric nurses; physical therapists

  1. 4 Once you get the completed medical report form from your health professional, you must complete section 2 of the application to provide information about additional barriers you face. Include any supporting information you have to confirm any additional barrier(s). Once all sections of the application form are completed, return it to the Ministry.

What happens next[edit]

A decision will be made and you will be advised of the decision. If you are not happy with the decision, you can ask for a reconsideration, and then an appeal. See the section "I have been denied or cut off welfare," as the process is the same.

Where to get help[edit]

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

If you have contributed to the Canada Pension Plan through employment and have a disability that prevents you from working at any job on a regular basis, you may qualify for Canada Pension Plan disability benefits. To get more information or apply for CPP disability benefits, call Income Security Programs at 1-800-277-9914 or go to the CPP website.
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Alison Ward,July 2021.


Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.