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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100955
Experience:  Lawyer
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My brother is a 45yr old quadriplegic. He was hurt when he

Customer Question

Hello. My brother is a 45yr old quadriplegic. He was hurt when he was 19yrs old in a diving accident. He had a settlement which was put into an annuity. At that time it was decided upon that he would receive his annuity and odsp. In time he did meet someone and they married. They now have 2 wonderful children. In last 2 yrs odsp has been harassing them constantly. They deduct the annuity. He went to the tribunal last yr and the verdict was that he could still receive benefits and his annuity. Now they have started deducting the annuity again. They are financially strapped. I don't know how they do it somedays. It's a constant battle. He would never gotten married and had children if he had known this was going to happen. This man struggles. It's such a complex situation and there is so much more information I can give but I am sure your not up for a book. He cannot afford a lawyer and the paralegal they talk with now gets shot down every time they make contact with odsp. Please help
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

I am sorry to hear this.

I suggest your brother go over the head of his worker to a supervisor and indicate that not only is this causing him to undergo undue hardship but that there was already an agreement that he would not be penalized for having the annuity and he has relied on this agreement.

He can threaten a lawsuit.

He should also call ARCH Disablity Law Centre and ask for some ideas of what to do and which lawyer may agree to help, if necessary: