Disability Law Primer (PDF) - ARCH Disability Law Centre

(coco) #1

have a developmental disability, the following procedures are to be followed in
these cases^29 :



  • If the individual is 18 years of age or older and the documentation
    provided indicates the presence of a developmental disability (e.g.,
    school or medical records), the Application Entity will facilitate
    referral to a ministry funded agency for assessment.

  • If the individual is 18 years of age or older and has an assessment
    that indicates the presence of a developmental disability but the
    information in the assessment is insufficient to confirm whether the
    individual meets the definition of a developmental disability the
    Application Entity shall ask the individual to obtain the required
    information from the psychologist or psychological associate who
    prepared the original report. If the individual cannot obtain the
    information required, the Application Entity shall forward the
    individual’s documentation to a Ministry-funded agency to determine
    whether the individual meets the definition.

  • Following a review of the individual’s documentation, if the
    psychologist or psychological associate determines that additional
    assessment of the individual is required, the Application Entity shall
    refer the applicant to a Ministry-funded agency for a further
    assessment.


Requiring an applicant for services to provide documentation prepared by a
psychologist or a psychological associate can be a barrier to obtaining services.
A psychological assessment is costly and there may be long waiting lists for
government funded assessments. Advocates who assist persons who have been
labelled with an intellectual disability in obtaining other benefits such as Ontario
Disability Support or Canada Pension Disability often encounter similar barriers
when attempting to obtain the required documentation to support a finding of
eligibility. Due to the nature of such a disability, a person may never have had the
need to undergo an assessment or obtain a clear diagnosis. Many adults who
have been labelled with intellectual disabilities may only have received medical
attention for their physical health needs and no real medical assistance for the
intellectual disability. The general practitioner who may have provided medical


(^29) Supra note 26

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