in the spotlight

PWDF Issues Only (Nationwide) Comments Addressing People with Mental and/or Developmental Disabilities in Response to SSA's Proposed Section 504 Plan

In 1978, Congress mandated all federal agencies to comply with Section 504 of the Rehabilitation Act of 1973 (29 USC 794). Section 504 prohibits discrimination against individuals with disabilities and requires federal agencies to provide meaningful access to their programs and activities to individuals with disabilities.[1] Now, 35 years later, the Social Security Administration has published proposed rules for its compliance with Section 504 in its “Proposed Section 504 Business Process Vision to Provide Individuals with Disabilities Meaningful Access to Social Security Programs and Activities, Ver. 3.1.” For the first time, the Social Security Administration has publicly stated that they have developed policies for effectively communicating with people with “psychological or emotional” disabilities.

People With Disabilities Foundation (PWDF) submitted two comments on these proposed rules. The first, submitted December 17, 2013, address reasonable accommodations as to effective communications. The second, submitted December 23, 2013, address reasonable accommodations as to work reviews.

PWDF has filed an administrative class action complaint against the SSA claiming it violated Section 504 by failing to provide reasonable accommodations to individuals with mental disabilities in post-entitlement / eligibility status (see article here). In response, on January 13, 2014 SSA issued a letter of findings (LOF) in which the SSA stated that they are "currently developing a streamlined process for providing reasonable accommodations to disabled members of the public" and that this process includes "establishing a new agency component, the Center for Section 504 Compliance." Even though these processes are not yet finalized, SSA claims that it was not discriminating against these complainants.