Section 504 Litigation Update

Implementation of Settlement Agreement for PWDF Cases Against SSA for Discrimination

by PWDF Staff

People with Disabilities Foundation (PWDF) has settled its two cases of discrimination against the Social Security Administration. PWDF represented two clients who sued the SSA for discrimination by not offering effective communication and; therefore, equal program access to people who are mentally disabled. Terrence Davis v. Michael Astrue, Case No. 3:06-CV-6108 EMC (NC) and John Doe v. Michael Astrue, Case No. 3:09-CV-980 EMC (NC). The settlement agreement lays out a series of accommodations that is being be instituted for our clients.

Each of our clients will be assigned a program expert and a backup program expert (commonly known as claims representatives (CRs)) for Davis for Title II (SSDI) and Doe for Title II and Title XVI (SSI), who will be trained in how to communicate effectively with our clients given their disabilities. These CRs will be the only SSA employees who will be permitted to work with our clients. Each CR will be responsible for explaining SSA written and verbal communications, providing assistance with responses to SSA inquiries and preparing written summaries of each meeting with the clients. All of these mandates are laid out to ensure that our clients have equal program access and that they are not denied services because of a lack of understanding the complex rules and regulations involved with social security work and other issues.

Now that we have an enforceable Order by a Federal Judge delineating what reasonable accommodations are to be made, the next step is to effectuate the reasonable accommodations. The named CRs will be required to go through a training regimen on how to effectively communicate both written and verbally specifically with Davis and Doe. PWDF has been working with experts in the field to create specialized training for the assigned SSA employees. We have chosen the trainers and are currently working with these trainers and the SSA to schedule the training sessions. This settlement is a landmark as we believe it is the first time a federal government agency has allowed reasonable accommodations on the basis of mental disabilities for equal opportunity in program access.

PWDF Profile

Who We Are

People With Disabilities Foundation is an operating 501(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.