LESSONS TO BE LEARNED: THE DECISION OF THE SOCIAL BENEFITS TRIBUNAL IN TRANCHEMONTAGNE V. ONTARIO (DIRECTOR, DISABILITY SUPPORT PROGRAM)
In April 2009, the Ontario Social Benefits Tribunal ended a 10 years battle for appellants, Norman Werbeski and Robert Tranchemontagne in its deliberation that the Ontario Disability Supports Program Act violated their rights as enshrined in the Ontario Human Rights Code when it failed to recognize their alcoholism as a disability. 

Drawing specific excerpts from the Respondents (Ontario government) defence and the Social Benefit Tribunal’s decision, the essay looks at how government policy affects persons with substance addiction and argues that Section 5(2) of the ODSPA places burdens on substance abusers and contributes significantly to their social stigma. 

The outcomes of excluding substance addiction from the United States Social Assistance Programmes are reviewed and referred to in analyzing the Respondent’s claims. The conclusion highlights how this case reflects key steps towards greater inclusion for persons with disabilities and in particular for those whose disability is addiction and alcoholism. 

Keywords: Social Benefits Tribunal, Ontario Disability Supports Program Act, alcoholism, disability, stigma
Termination of Supplemental Security Income Benefits for Drug Addiction and Alcoholism: Results of a Longitudinal Study of the Effects on Former Beneficiaries
This article reviews the results of a multisite cohort study on effects of terminating Supplemental Security Income benefits for drug addiction and alcoholism. Within 2 years of the program’s termination, 35–43 percent of participants requalified for disability benefits for another impairment. Regardless of requalification status, substance abuse treatment participation declined sharply and illegal drug use was prevalent. Although many of those who did not requalify lost income, medical benefits, and housing, these losses lessened over time and were not associated with increased psychological or medical problems or with declines in other aspects of participants’ lives.
Practical, legal, and ethical issues in expanded access to investigational drugs.
The authors review the FDA policies and procedures that permit some patients with serious conditions to receive investigational drugs before formal product approval and examine the legal and ethical issues associated with expanded access.