We Advocate
We Advocate is a podcast about empowerment, advocacy, and understanding the systems that affect Albertans with disabilities. Hosted by Gordon VanderLeek, a Calgary wills and estates lawyer, and Annie VanderLeek, a disability advocate, the show explores the intersection of law, policy, and lived experience for people with disabilities and their families.
Each episode breaks down complex topics — from AISH and the new Alberta Disability Assistance Program (ADAP) to support programs both provincial and federal, guardianship & trusteeship for those with disabilities, issues on capacity, and general planning opportunities— in plain language that helps listeners make sense of their rights and options.
With insight, empathy, and a dash of candid conversation, Gordon and Annie share their experiences from both sides of the advocacy table — legal and personal — helping listeners stay informed, prepared, and empowered to navigate life with confidence.
If you care about disability rights, inclusion, legal issues and social policy reform in Alberta and beyond, We Advocate is your trusted voice for clarity and change.
We Advocate
002. Who Actually Qualifies for ADAP?
In this episode, Gordon and Annie unpack eligibility for Alberta’s proposed Alberta Disability Assistance Program (ADAP) and how it may differ from AISH. They walk through age, residency, income and asset tests, the medical criteria, and the new adjudication flow. Plus why episodic and complex disabilities may be hardest hit if the rules aren’t nuanced.
In This Episode
- ADAP at a glance: Proposed to run alongside AISH starting July 1, 2026; placement appears to hinge on “ability to work.”
- Baseline eligibility (what we know from the discussion paper):
- Age: 18–64 (not eligible for federal seniors’ benefits)
- Residency/citizenship: Alberta resident; Canadian citizen or permanent resident
- Financial tests: Income limits and asset tests (exempt vs. non-exempt)
- Medical: Severe, long-term disability not expected to resolve with treatment
- Assets — key exemptions (mirroring AISH today):
Principal residence, one vehicle (incl. mobility-adapted), RDSP balances, and certain trusts where the recipient is a beneficiary. - Application & placement: Single application with the government deciding ADAP vs AISH; requires a medical report (physician).
- Adjudication & reviews: Use of adjudicators and a medical review panel is contemplated; concerns raised about no external appeal route and what “re-apply with new info” will look like.
- Episodic conditions & equity: How bipolar, schizophrenia, severe anxiety, and other fluctuating conditions fit when eligibility is judged at a single point in time.
- Practical worry: Families who fought to secure AISH may have to re-prove medical status, straining access to doctors and documentation.
Key Takeaways
- Two-track system: AISH (cannot work) vs. ADAP (some ability to work) sounds simple, but real-life disability is complex and episodic.
- Proof burden rises: Expect fresh medical evidence and more adjudication steps; capacity to work may be interpreted broadly.
- Fairness gap risk: If decisions are final (no appeal), applicants with fluctuating conditions could be locked into the wrong stream.
- Assets still matter: Exemptions like home, one vehicle, RDSP, and some trusts are expected to remain similar—details pending.
- Advocacy needed: Until rules are published, families should document conditions carefully, line up medical support, and prepare for re-assessment.
Resources Mentioned
- Alberta government ADAP discussion paper (add the official link when publishing)
Next up: Do the promised income rules and employment supports under ADAP actually add up? Gordon and Annie dig into clawbacks, exemptions, and what “ability to work” means in practice.
Welcome back to We Advocate. Last time we introduced AEDF, today we're asking a big
question, who qualifies, who actually qualifies for this program? So on the face of
it, that program sounds simple, and there are some quite normal eligibility
provisions, what we know is the current eligibility programs for AISH,
and we'll have to get into the details when we see the proposed new rules for
ADAP. But of course, there's at present under this program in Alberta an age
requirement. You have to be over 18 and below 65,
so not eligible for the federal programs. You need to be a resident in Alberta. You
can't earn too much money, right? There's income levels that you have to be below
as well as asset tests. You can't own too much. And we'll talk about that later.
And obviously, the big one is medical eligibility. You have to prove you have a
severe disability that's not going to go away with other treatments and or
advancements in your care. I think the concern would be with this new program.
It's interesting the government introduced it. We have this discussion paper, but we
don't have any rules. So I know as advocates, we want to see the fine print.
We want to see the rules to know how that's going to apply.
I think that the application process, what we know so far anyway,
could create some new barriers, especially for people with conditions that maybe
there's times when they're doing well and times when they're not. And maybe for
people who have limited access to professionals, I think that occurs on lots of
occasions that someone with anxiety has a very hard time going to the doctor and so
now you're you're
talk first about the eligibility criteria. And again, what we know is just what the
government has put out in its discussion paper, and we'll include a link to that in
the show notes. So you can see that on the government's website. But as indicated,
what they're saying is the eligibility program for ADAP is you have to be 18 plus
in Alberta resident, either a Canadian citizen or a permanent resident, and residing
in, in Alberta.
You know,
and we, many would argue like the H benefits, that should increase with inflation.
$100 ,000 doesn't go as far in 2025 as it did in 1999. But the important thing to
remember with regard to the H program as present, and presumably there would be
similar rules for ADAP, but we don't know for certain, but that seems to be the
suggestion to be similar rules, that there's going to be a distinction between exempt
assets and non -exempt assets. So if we're calculating the $100 ,000, what does
somebody own? There's certain items which are exempt that would include one's home,
where you live, your principal residence. That is an exempt asset. We don't count
that towards $100 ,000. Any monies in a registered disability savings plan don't count
to the 100 ,000. Money that's in a trust of which an age recipient is a beneficiary
doesn't count, a motor vehicle that you can own a car, or if you have a vehicle
that is designed for your mobility, like a wheelchair accessible van or something
like that, that would not count towards 100 ,000. So there are some exemptions. Those
are the main ones under the H program, and early indications are those will be
similar, that there would be similar
Again, I think it's that you have to be able to, again, prove that it's a severe
disability, which they've already done with Aish, but that now you have some
potential to work. So again,
again, the question for me is, is there, like maybe somebody can only work an hour
a week, and that is a challenge, right? And so that person would be seen as a
potential to work, but that hour a week, probably making minimum wage, is going to
still keep them way below what they were before. So I
think the question, again, is Aish does allow people to have a potential to work.
So I think it just raises lots of questions for me. But that with the ADAP
program, they're looking at that ability to work, right? That, that, um, you qualify
for aid, you're going to be, if you're, for somebody coming in new, um,
let's say somebody who's turning 18 after July 1 of 2026, normally it'd be you
apply for Aish. Now you're going to apply for ADAP. And I guess they'll determine
whether you're going to be on the ACE track or you're on the ADAP track, the
difference being your, your ability to work. I think that the
problem is going to come with it, you know, what it says on paper is not
necessarily showing the complexity of somebody's disability. You're going to have
people who there are times when they do well, when they're on medication and
everything goes well, and the medication they're on is actually working that there
may be a time that they may be they can work some hours. But what do we do with
the people who, you know, their disability is up and down a lot,
right? Anxiety is very severe at one point. You have somebody who's bipolar, risk,
schizophrenic, or mental health is a big issue right now. And it isn't something
that you can turn on and turn off and say, well, now that I have to work, I yes,
I'm going to just be fine. It's not how it works. And so I don't know how they're
going to actually analyze that. If the application is the same,
a piece of paper doesn't really give you the information needed for them to decide
which, whether it's ADAP or ACE. So I'm very curious to see the detail on how they
are going to determine that when the application is filed. Right. So you could argue
some protection for those with a severe disability sufficient that they cannot work
and that's an obvious answer. For a lot of people, their situation is more complex
and are the new rules going to adjust for that complexity? Is it going to be
nuanced enough if It's, as you say, episodic, right? You know, somebody's,
you know, they're doing okay now, but they may not do well in the future.
It's an up and down. That's the experience of many parents, particularly for those
with mental health challenges. They might be committed to a facility,
but then get out. They're on medication, and now they're doing better. And they look
okay. They seem to function okay. but there are underlying issues relating to their
disability that could have them fall off the wagon fairly quickly. And where are the
support structures in place? Does the program actually, is it nuanced enough for
that? So let's talk a little bit, I guess move towards the application and
adjudication process. I know for me there's a lot of concerns here.
Talk a little bit about what we know so far about the application process. Well,
again, it sounds like you're doing one application and then a decision is being made
by someone through that process to put you in the proper category,
whether it's ADAP or ACE. And so a medical report is required again.
So again, same as with Aisha at this point. It has to be a doctor that's filling
in that. And so that will continue. And that once you're sort of put into a
program, let's say they put you into the ADAP program, and you're thinking, well,
yes, I need support, but I really am not able to work at all. You've sort of put
me in the wrong category from the start. there would be more assessments that then
would be needed to then determine should, you know,
should I really have gone into the age program to start with? Yeah. You know, this
raises a critical issue that I think initial responses I'm hearing from people,
particularly parents and or caregivers, is
I did a lot of work to get my child or loved one qualified for Aish,
and now it feels like I got to do it all over again. I think if I read the
discussion paper is they want medical information anew. They want refreshed medical
information. Somebody may have been on AIS for decades, and now we've got to get
them reassessed. Are there enough doctors to do all of that?
What's your thoughts on that? Absolutely. And I think the,
like some things are just hard to explain, right? So the complexity sometimes of the
disability is my concern as far as how are they now going to look at that.
And I often have it where someone looks, you know, quote unquote,
Very normal, but still would have no ability at all to work or to maintain a job.
But, you know, if that person got a job once and was able to work two hours and
is never, you know, a week, but then it fell apart because they couldn't maintain.
And then they're not able to work at all again. Where does that put them,
right? And so if they were turned down for the adjudication process,
because they had the ability to work that one time, are they never able to then
get back onto Aisha at the higher amount? That's what I don't understand. I want to
see that because I see lots of people who are sort of able to maintain for a very
limited time and then it all falls apart and they're just not able to, to maintain
employment. The other thing as part of the application process is there are,
according to the discussion paper, there are going to be adjudicators who are
deciding ACE or ADEP, right? So you make this application and you submit your,
your information, does a person get, do they qualify at all, and which program do
they qualify for? Now, I don't know this maybe is current Aish employees, you know,
people working for the government for the AH program that are then going to decide
which program they go into. I presume they're going to use existing caseworkers for
this, or they've got to go hire people. But just be aware, there are now somebody
with a title of adjudicator that is reviewing those applications. You're going to go
one track or the other. So I've got lots of questions about, well, how are they
deciding that? What are the rules, you know, for that, for that eligibility on
there? So let's, let's talk a little bit about once you submit your, you know, you
may have to get refreshed medical information to be, you know, that maybe focuses on
this new criteria about ability to work. That phrase is going to become central.
But what about, you know, I guess looking at the appeals once you've submitted it
and you get a decision.
presumably filled with doctors or other qualified professionals who are looking at
that medical information regarding the ability to work, and there is no appeal from
that decision. Right now under the current age program, if you get a denial, it
goes to a review panel that's made up also of community members,
and the age person comes forward and says this is why we decided it. And then a
parent or an advocate can come forward and say, well, this is how we see it from
the perspective of the person with disability. And an independent panel, usually three
people, will then decide. So under the new program with ADAP, there's this medical
review panel, but there is no appeal. The decisions are final. You're stuck with
that decision. So just from a legal perspective, there's an unfairness with the
administrative process of if they don't agree with, you know, that you can't appeal
it to a higher body. In law, if you don't like a decision, you feel you've been
wrong, there's a right of appeal. And then there's rules about how you appeal it.
And that's sort of fundamental to our justice system. But the big, the big risk
here, and I think we're going to have other episodes where we talk specifically
about this lack of appeal on that is,
I think that's a huge red flag that this, you know, we have an adjudicator and
then it's going to be reviewed by a medical review panel and we're stuck with that
decision. Well, and it, in it sort of from what we had talked about before, it's
taken, like the decision is made in a space of time.
And In that space of time when we talk about some of the people that maybe are
doing well at sometimes and not well at others, all of a sudden it's decided,
happens to be at a time when they are able to sort of maintain a few hours of
employment, they would be turned down and a year later they may be completely unable
because they're doing far worse
and they would have no chance of sort of it changing. So it's sort of looking at
one point of time, and life isn't like that. That'll be interesting to see if they
have specific rules regarding re -application, and can you present new information,
right? And what does that even look like? Are they going to consider it? If they've
already determined you have an ability to work and you're not eligible for the ADAP
program, and you don't fit the rules for AASH. Well, now you're without supports
entirely, right? Or do you qualify for the age program? You may be stuck with the
lower benefits under the ADAP program. I think all in all, looking at it from an
advocacy perspective, there's going to be a significant amount of work, you know,
to, you know, as all parents who have children with long -term disabilities or loved
ones, to really now are going to have a whole bunch of work in 2026,
to advocate.
big deal. They know that obviously they're going to leave an inheritance, and we
talk to them about the best way of doing that. But knowing that there's at least a
minimal level of support provides a level of comfort that there's going to be
financial security for that child. The health benefits will be covered. They're going
to get that amount of money coming in. They're not going to be homeless. They're
going to be able to at least pay something for rent. And then hopefully the parents
can contribute and support in terms of a good quality of life for the child. But a
lot of stress, and I got to do it all over again. I thought I was done with
that, right? And going through that whole process, I think, and the fact that
there's this system that I don't, right now, we don't know what the rules are. And
if the decision goes against you, you can't appeal. So I think that's going to
place an increasing burden on the families supporting or the loved ones who are
supporting those who have long -term disabilities. Well, and the way the program is
starting is that everybody's going from AASH to ADAP. So now it's like, now you've
got to prove to us what you've done, whereas before, there's lots of people on Aish
who have never worked before. The thing is, I don't think that automatically,
unless I see something different, But that does not mean that they're automatically
going to be able to move. And if they have worked at any point in any of the
time that they're on Aish, are they going to look at that and then say, well, then
you're going to stay on ADAP because you have shown us that you are able to work.
So that's a huge concern for me. And who's assisting the people that don't have
family or don't have a guardian and trustee, or have someone who's going to assist
them. They were sort of in a safe place now where they at least knew this was
coming in. And they've sort of, you know, their life is sort of focused around the
amount that's coming in. And now if it doesn't cover and they're not able to
advocate for themselves or get a professional to sort of do the assessment that's
needed to get back on to Aish, That's huge, another huge concern,
because who's going to help them to do that? And I guess another big concern is
who's putting these, who are these people who are going to make the decisions? How
are they going to be paid? Because if it's government funded, I always worry that
it's, you know, are they able to make a decision? Like, are they steered a certain
direction to, on most cases, this is what you need to find and make it so tight
that, though it seems like this person's going, really should be on Aish, they have
such tight rules that they're not able to sort of move somebody up. So I want to
see the details on that. Yeah. And so as we wrap up here, we've kind of looked at
the eligibility, the application process, and the appeals or lack thereof of decisions
regarding medical eligibility for the ADAP program. As we learn more,
obviously, we'll get into episodes where we talk about it in more detail on that.
But yeah, the lack of appeal and is the program nuanced enough, are they going to
understand it? There's a serious concern regarding the fairness of the program, all
of which is creating huge stress, you know, for the people on that,
you know, would have been almost better had they, had they come out with the rules
and the programs, we would have been able to understand it versus just talking
about, well, there's some changes and then, you know, all the details we don't know
on there. So, you know, I think, yeah, it's going to be need to follow this very
carefully going forward for sure.
So with that, certainly just will close by saying we'd love to hear from you.
Please share your stories in future episodes. In fact, I'm hoping we have an
opportunity to talk to families who are affected by this or how is this going to
impact and we have real live stories with regard to that. So do stay in touch and
subscribe for future episodes to stay current on developments for the new AISHA and
ADAP programs as they as they emerge.
Yeah, and so next episode we'll look at whether ADAP benefits and sort of the
promises that the government is giving as far as employment add up. So let's look
at sort of that a little bit deeper to see we'll talk about our thoughts and would
love to hear yours.