ProgRam UPDATE

Advocacy Update

Legal Clinic: PWDF continues to hold a monthly Legal Clinic for Social Security beneficiaries (SSDI & SSI) with post-entitlement/eligibility issues. The next clinic will be held on Thursday, June 16, 2016 from 10:00-12:00. Please see our website for additional future dates. Attorneys will be available to answer a wide range of client questions, from work reviews and SSI continuing eligibility reviews, including earned and unearned income and resource limits, to the effect of marriage on claimant benefits. PWDF advises on cases where the Social Security Administration (SSA) discriminates against people with mental and/or developmental disabilities, especially in work review cases. Please call us at (415) 931-3070 to make an appointment.

Updates: PWDF filed a lawsuit in response to SSA’s withholding of attorney fees owed to PWDF. SSA repeatedly refuses to pay PWDF fees approved by a judge, insisting such fees must be paid to individual staff attorneys employed at PWDF. The SSA’s position violates its obligations under the Social Security Act, as amended by the Omnibus Reconciliation Act (OBRA) 1990, and is inconsistent with IRS rules related to 501(c)(3) corporations. Specifically, IRS Revenue Procedures state: Attorney fees must be paid to the organization not to individual staff attorneys. Staff attorneys and employees must be compensated by a straight salary that does not exceed reasonable amounts and is not established in connection with case fees received for cases handled.” (Rev. Proc. 92-59, 1992-2 C.B. 411.)  On May 24, 2016 the U.S. District Court, in the matter of PWDF v. Colvin, Case No. 3:15-cv-02570, granted SSA’s Motion to Dismiss, but gave PWDF 30 days to amend our complaint, and we are weighing our options.

PWDF Advocacy Outreach: PWDF staff continue to attend various outreach events to forge community connections and provide information about PWDF’s services. The most recent outreach events we attended are listed below:

1. In March, our Legal Director, Steven Bruce, attended the 26th Annual Circuit 9 Conference in Phoenix, Arizona. The Circuit 9 Conference is an annual meeting of experienced Social Security practitioners where the sharing of ideas, trends and techniques occurs.

2. On April 15, 2016, Farrell Goodman, PWDF’s new Advocacy Program Manager, attended the San Francisco Mayor’s Disability Council Meeting, where he highlighted PWDF’s mission and services. These meetings are attended by staff from the Mayor’s Office on Disability (MOD) and members of the public. They are broadcast on SFGTV channel 26 and live streamed over the Internet. PWDF appreciates the mission of the MOD, to ensure that every program, service, benefit, activity and facility operated or funded by the City and County of San Francisco is fully accessible to, and useable by, people with disabilities. PWDF welcomes the opportunity to contribute to the ongoing pursuit of this mission.

PWDF Profile

Who We Are

People With Disabilities Foundation is an operating501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally and developmentally disabled.

Services

Advocacy: PWDF advocates for Social Security claimant’s disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney’s fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF’s educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

Continuing Education Provider: State Bar of California MCLE, California Board of Behavioral Sciences Continuing Education, and Commission of Rehabilitation Counselor Certification.