Judge DENIES SSA Motion for Summary Judgement in PWDF Case Against SSA for Discrimination Against People with Mental/Developmental Disabilities
On February 13, 2012 U.S. District Judge Edward Chen, in our case against Social Security Administration (SSA) for discrimination based on mental and/or developmental disability, DENIED SSA's motion for summary judgement the Court ordered that it will hear plantiffs' updated motion for summary judgement.
Significant Progress Made: SSA to update discriminatory work activities formby PWDF StaffOn February 7, 2012 the Social Security Administration (SSA) updated Work Activity Report (Form SSA-821), this form is used to review continued eligibility for Title II or Title XVI benefits. In August 2010, PWDF filed a motion contending that the work activity form and subsequent follow ups with Claim Representatives are not presented in a manner that is consistent with the Civil Rights of the mentally/developmentally impaired.
Judge to stop SSA Tactics of Non-Disclosure of Important Documents
by Steven Bruce, Legal Director
On March 16, 2012 Hon. Edward M. Chen ruled that the Social Security Administration (SSA) did not abide by its former representation on August 23, 2011 to be transparent in providing documents from its Section 504 self-evaluation that relates to the mentally/developmentally impaired population which is the scope of our two consolidated cases (Davis v. Astrue case no. 3:06-CV-6108 and Doe v. Astrue case no. 3:09-CV-980).
LEGAL CURRENTS
House introduces Fair Wages for Workers with Disabilities Act of 2011
On October 4, 2011, the Fair Wages for Workers With Disabilities Act of 2011 was introduced as H.R. 3086 in the U.S. House of Representatives. On November 18 2012 the bill was referred to the House Committee on Education and the Workforce for review before being sent to the floor for general debate. Co-sponsored by both Democratic and Republican legislators, the bill would end the issuance of special certificates that allow employers to pay employees with disabilities below minimum wage.
Autism: California Law Requires Insurance Coverage for Behavioral Health Treatments for Autism and Pervasive Development Disorder
by PWDF Staff
On October 11, 2011, California Governor Jerry Brown signed into law SB.946 which explicitly requires health plans and insurers to provide behavioral health treatments for autism and pervasive development disorder.
Psychiatric Service Animals in our Schools: Court grants preliminary injunction allowing student with autism to be accompanied by service dog at school
by PWDF Staff
As many of you know, on June 15th, 2011, PWDF conducted a seminar entitled Psychiatric Service Animals: Current Law, Experiences & Visions of Hope. Links to materials used during the seminar and photos taken will be posted to the website soon.
In June Federal District Court for Central District of California issued a preliminary injunction against a school district that was denying an autistic child the right to bring his service dog to school.
COUNSEL’S CORNER
COMPASSIONATE ALLOWANCES
and PRESUMPTIVE DISABILITY:
Fast Tracks to Disability Benefits
By Sarah Kraemer Isaacs, Staff Attorney
Unfortunately, as many of our clients have learned, the Social Security Administration’s process for reviewing claims and awarding benefits tends to be lengthy. It often takes many months or even years before a final decision is rendered and claimants finally receive their much needed benefits. However, in 2008, in an effort to tackle the backlog and provide benefits as soon as possible to those in critical need, SSA implemented the Compassionate Allowance program.
ADVOCACY UPDATE
In our discrimination lawsuits under Section 504 of the Rehabilitation Act of 1973 against the Social Security Administration (SSA) Davis v. Astrue and Doe v. Astrue (Case Nos. 3:06-CV-6108 and 3:09-CV-980), Plaintiffs state they want equal program access through effective communication for people with mental and/or developmental disabilities. The Court will set a date for Plaintiff's motion for summary judgement to be heard, set a trial date, and schedule further briefing and depositions.
EDUCATION UPDATE
Our last seminar, which was entitled, "Psychiatric Service Animals: Current Law, Experiences and Visions of Hope," focused on current issues regarding the uses and issues surrounding service animals.
Our next public seminar, is tentatively entitled "Autism and Technology." Let us know your thoughts on this proposed topic.
We are proud to welcome Steven Leibof as our new Program Manager for Education and Public Awareness.
You can support our litigation against the Social Security Administration by donating to our cause.
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.
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Volume 12
Spring 2012©
People With Disabilities Foundation
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