Our law firm in Montreal primarily practices administrative law, particularly in numerous welfare-related cases.
Are you receiving social assistance and have you received a claim from the Ministry of Labour, Employment and Social Solidarity (MTESS) for a marital relationship, false declaration, or fraud? Are you under a welfare investigation?
Me Lambert, the founder of the firm, has extensive experience challenging decisions made by social assistance. He has deep knowledge of the internal and external workings of the Ministry, having previously worked as a welfare lawyer before opening his firm to defend recipients’ rights against the government.
He has a perfect mastery of the applicable laws and regulations, as well as all the defense strategies and approaches to take in each specific case, having handled thousands of files throughout his career.
Me Lambert will ensure the validity of the decision or the welfare claim. He will analyze the evidence held by the Ministry and assess whether they have demanded too much money from you. He will develop a personalized strategy for your case and protect your interests against social assistance authorities.
The reasons for welfare claims can vary greatly. A claim may relate to a marital relationship, undeclared income, repeated donations, and more.
Welfare may garnish your wages or a portion of your social assistance cheque to recover the debt owed. They can also seize your movable or immovable property and sell it through judicial control. Additionally, the Ministry generally seizes all amounts received from the government, including tax refunds, GST, and QST returns.
Whether it’s with the SAAQ, CNESST, or welfare, it is often necessary to fight to have your unfitness for employment recognized.
Welfare may only acknowledge temporary limitations or stop paying your supplement for temporary or severe constraints. Don’t accept this decision without a fight. Contested decisions can have a major impact on your future.
In constraint-related cases, it’s not enough to simply disagree with the Ministry’s decision. Your case must be properly built to maximize your chances of success. It is the lawyer’s role to establish the strategy and the necessary documentation. Please note that each case is unique. Some will require medical expertise—psychiatric, orthopedic, or neurological—while others may only need a compilation of medical reports.
Have you received a welfare decision stating that your social assistance cheque will be reduced by $56, $112, or $224 per month?
Me Lambert will challenge any reduction in your benefits and request that the Ministry suspend the compensation or garnishment during the contestation process.
Wondering how to survive on a base benefit of less than $600 per month? You may be entitled to a higher amount. You may be eligible for various special benefits provided by law (eyeglasses, orthotics, wheelchairs, etc.). You may also qualify for recognition of your temporary or permanent inability to work.
The appeal process against a decision by a welfare agent can be complex due to procedural rules. Also, someone unfamiliar with these types of cases may find it difficult to evaluate the possible defenses against a claim.
Contact our firm without delay if you’ve received a decision from the Ministry that adversely affects you. Me Lambert will represent you diligently and ensure your rights are protected.
More local information on welfare offices
Our office has been putting pressure on the Ministry of Labour, Employment and Social Solidarity for a long time by asking for more transparency. The following is a legal notice that the Department has provided to its employees following the instructions we give to our clients, including the directive to record a conversation.
Social assistance guidelines for recording a conversationRead More
Your social assistance officer contacts you to get a statement from you… do you have to answer his questions? Often, these statements will be used against you in the future in connection with a claim for misrepresentation or cancellation of your services.
Me Lambert explains your rights and obligations.
When social assistance does not apply the Charter of Rights and FreedomsRead More
Social assistance investigators have broad investigative powers to obtain information they desire. How far do these investigative powers go? Do they have the right to use means that contravene the Charter? What about privacy?
Me Lambert denounces certain practices of social assistance.
When Social Assistance Goes Too Far – Investigation and ClaimsRead More
On December 10, 2017, the Liberal government announced its $3 billion Anti-Poverty Action Plan, which provides a guaranteed minimum income for social assistance recipients deemed unfit for work.
Mr. Lambert gives his opinion on this plan.
Social assistance often makes a claim if there are deposits in a claimant’s bank account, alleging that they are donations. However, this claim is generally made without any explanation of the amounts recorded. Mr. Lambert explains how this way of doing things constitutes an infringement of the right to have a full and complete defence by presenting a real case.
When social assistance starts searching your bank accountRead More
A claimant who is unfit for work because of his or her disability should be able to receive social assistance. This would amount to a guaranteed minimum income for the most vulnerable people in our society. Currently, a person with a disability is not entitled to benefits if he or she is in a couple and his or her spouse has income. Mr. Lambert explains his point of view.
Incapacity for work and the right to have a spouse on social assistanceRead More
What are the criteria for being considered self-employed by the Ministère du Travail, de l’Emploi et de la Solidarité sociale (MTESS) and what is the advantage of having this status? What expenses are recognized by social assistance? What if the Department considers you an employee?
What happens when her roommate becomes her spouse? Often, the Ministry of Labour, Employment and Social Solidarity (MTESS) conducts an investigation and then a claim for marital life for the previous period. Me Lambert gives a classic case of social assistance investigation that illustrates this scenario.
The Liberal government of Philippe Couillard will treat new social assistance applicants who refuse to participate in the Objectif Emploi program as fraudsters. The $224 cut on the basic monthly cheque represents the amount that is cut on the cheque of a social assistance recipient who has made two or more false statements.
In this article, Mr. Lambert talks about this new measure which constitutes, according to him, a total misunderstanding of poverty and the clientele affected by it.
The war on welfare recipients continues: towards an abolition of social assistance?Read More
