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People With Disabilities Foundation Files Administrative Class Action Complaint Against Social Security Administration for Discriminating Against Individuals with Mental Disabilities

People With Disabilities Foundation (PWDF) and Legal Aid Society-Employment Law Center (LAS-ELC) have filed an administrative class action complaint against SSA for violations of § 504 of the Rehabilitation Act of 1973 (the precursor to the Americans with Disabilities Act).  SSA has failed to provide reasonable accommodations to individuals with mental disabilities in post-entitlement and post-eligibility status and the complaint requests that SSA investigate, issue findings, and provide a list of reasonable accommodations.  The complaint was filed on behalf of four individual complainants and similarly situated individuals.

The primary allegation is that SSA is discriminating against people by not providing reasonable accommodations to claimants in post-entitlement/eligibility status who have psychiatric disabilities and therefore is depriving them of equal, meaningful access to SSA’s disability programs.  The complaint states that SSA has terminated or decreased complainants’ benefits under Titles II and XVI without effective communication with the complainants. 

According to the complaint, the complainants have psychiatric disabilities that may make it difficult for them to understand and therefore respond to notices from SSA.  Complainant 1 has large overpayment and underpayment issues with SSA that have been unresolved for over 10 years.  He has bipolar disorder and ADHD; he claims SSA is discriminating against him because of these disabilities by not conducting a required formal conference that he requested.  Complainant 2 has major memory and other limitations in communicating with SSA due to complex PTSD, dissociative identity disorder, and major depressive disorder and claims that SSA has not followed any policy or procedure to provide an accommodation.  Complainant 3 has chronic schizophrenia with constant auditory hallucinations.  SSA reduced her benefits, however, it sent her notices without any meaningful explanation based on her disability and continues to refuse to provide an explanation.  Complainant 4 has psychosis and a severe anxiety disorder; SSA employees refused to talk to her. 

Second, the complaint alleges that SSA does not provide a neutral and detached decision-maker in grievance procedures because their own attorneys serve as the decision-makers.  SSA’s § 504 compliance procedures require it to investigate all complaints and issue a letter of findings (LOF).  SSA assigns these investigations to the same regional attorneys who defend the SSA against complaints in US District Courts.  Thus, complainants have no realistic avenue for relief. 

Third, while complainants have a clear right to their claims files maintained by SSA, the complaint notes that SSA has failed to provide complainants with their claims files in spite of multiple requests.

In July 2010, SSA agreed to perform a self-evaluation of its program activities to ensure the activities are in compliance with § 504 and its implementing regulations.  This evaluation was to include an assessment of SSA’s reasonable accommodation practices and procedures to ensure effective communication with individuals with psychiatric and developmental disorders.  Although the evaluation was begun in October 2010, to-date SSA has not publicly released results and states it will not set a deadline for its self-evaluation for people with mental disabilities. 

PWDF and LAS-ELC are seeking additional complainants in several western states served by the U.S. Ninth Circuit Court of Appeals (California, Arizona, Nevada, Oregon, Washington, Alaska, and/or Hawaii).

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.