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Counsel's Corner10 Years and Still Waiting for Retroactive SSI or Explanation from SSABy Steven Bruce, PWDF Legal DirectorIn June 2012, People With Disabilities Foundation reached an unprecedented settlement with the Social Security Administration (SSA) in two cases alleging discrimination against mentally/developmentally disabled individuals, under Section 504 of the Rehabilitation Act of 1973 (Section 504), after 5 years of litigation. One of the plaintiffs, identified in the settlement agreement as "John Doe," is severely developmentally and psychiatrically disabled, specifically having an intellectual disability that limits his cognitive ability, among other mental disabilities.[1] The gravamen of Mr. Doe's complaint was that SSA failed to provide Mr. Doe with a meaningful opportunity to participate in post-entitlement proceedings with respect to his benefits and payments because SSA's oral and written communications were not understandable to Mr. Doe, given his disabilities. The final settlement agreement, which was approved by Honorable Edward M. Chen, requires that SSA assign a program expert to explain SSA communications to Mr. Doe in a clear and concise manner so that he can understand them in light of his disabilities and respond accordingly.[2] Concurrently, Mr. Doe had been pursuing an administrative hearing as to the correct amount of Impairment-Related Work Expenses (IRWEs) related to his Supplemental Security Income (SSI) benefits. In 2011, an administrative law judge ordered Mr. Doe's SSI record re-opened back to April 2003 to consider the effect of IRWEs on his SSI check amount. When we requested information from SSA in September 2013 regarding any retroactive SSI Mr. Doe may be due, they sent him a letter concluding he was not entitled to any additional retroactive SSI, however they did not explain how they reached that conclusion or provide detail that would allow anyone to understand how they reached that conclusion. In particular, they did not explain it in language that would be understandable to Mr. Doe, in accordance with the June 2012 settlement agreement. Mr. Doe has now been waiting an additional 2 ½ years from the initial 8 years covered by the ALJ's order for SSA to calculate whether he is owed any retroactive SSI and explain it to him in a manner that he can understand, in accordance with the terms of the settlement agreement.1 Plaintiffs' Joint Memorandum in Support of Their Motions for Partial Summary Judgment Pursuant to Court Order, John Doe v. Michael Astrue, Case No. 3:09-CV-980-MHP, at 4-5 (N.D. Cal. October 4, 2010) (last visited Nov. 20, 2013). 2 Stipulation for Compromise Settlement and Releases; Order of Dismissal, John Doe v. Michael Astrue, Case No. 3:09-CV-980-EMC, at 5 (N.D. Cal. June 19, 2012) (last visited Nov. 20, 2013). PWDF ProfileWho We ArePeople 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. ServicesAdvocacy: 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. |
Volume 16
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Our Mission is to provide education and advocacy for people with psychiatric and/or developmental disabilities, with or without physical disabilities, so that they can achieve equal opportunities in all aspects of life. | |
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