People With Disabilities Foundation Files Administrative Class Action Complaint Against Social Security Administration for Discriminating Against Individuals with Mental Disabilities
By PWDF Staff
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.
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news
Federal Court Enjoins Government Agencies from Discriminating Against Immigrants with Mental Disabilities in Immigration Proceedings
By April Banerjee, PWDF Program Manager for Public Awareness and Education
On April 23, 2013, a federal judge in Los Angeles permanently enjoined the government from pursuing immigration proceedings against persons who have severe mental impairments without legal representation.
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news
California Plans to Appeal Federal Court’s Decision Requiring Continued Federal Oversight of State Prisons
By April Banerjee, PWDF Program Manager for Public Awareness and Education
The State of California plans to appeal a federal court’s decision that denied the State’s request to reduce federal oversight of California’s prisons. California prisons were put under federal oversight in 1995 in response to inmates’ lawsuits claiming that California prisons were so crowded that conditions reached unconstitutional levels.1
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IN THE SPOTLIGHT
Update: United Nations Convention on the Rights of Persons with Disabilities
By April Banerjee, PWDF Program Manager for Public Awareness and Education
The United Nations Convention on the Rights of Persons with Disabilities (CRPD) sets forth obligations to prevent discrimination, enable opportunity and equal participation in society, and provide accessibility for persons with disabilities.2 The CRDP addresses long-term physical, mental, intellectual or sensory disabilities. As of May 2, 2013, 130 countries had ratified or acceded to the Convention.3 While the United States Senate failed to ratify the Convention in December 2012, over 350 disability organizations in the US, including the US International Council on Disabilities4 and the People With Disabilities Foundation, are rallying to see it ratified in 2013.
community currents
Monthly Clinics: Social Security Post-entitlement / Eligibility Issues
I. Clinic Description
People With Disabilities Foundation (PWDF) will hold monthly clinics on the subject of Social Security/SSI disability post-entitlement / eligibility issues at its office in San Francisco. The clinics will provide legal advice to beneficiaries with mental and/or developmental disabilities. They will address SSDI Work Activity Reviews and SSI redeterminations based on income, whether earned or unearned, and resulting overpayments.
The clinic is open to all mentally and/or developmentally disabled individuals who have these social security issues.
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announcement: trAINING AVAILABLE
PWDF Offers Free Training on Social Security Post-entitlement / Eligibility Issues
I. Training Content
People With Disabilities Foundation (PWDF) is available to provide training on Social Security/SSI disability post-entitlement / eligibility issues for representatives of beneficiaries with mental and developmental disabilities. The training is entitled “SSDI (Title II) and SSI (Title XVI) Post Entitlement Issues for Beneficiaries with Mental/Developmental Disabilities – SSDI Work Reviews, SSI Redeterminations and Resulting Overpayments.” The training is appropriate for attorneys, vocational rehabilitation professionals, and HR Managers and is approved for 2 hours of MCLE.
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PWDF NEWS: PROGRAM UPDATES
Advocacy Update
As of March 28, 2013, PWDF filed a Section 504 Administrative Class Action Complaint against the Social Security Administration (SSA) on behalf of four complainants. The complaint alleges that SSA discriminates because it is denying the complainants equal, meaningful program access to SSA’s disability programs under SSDI (Title II) and SSI (Title XVI) by not providing them with reasonable accommodations. At this stage in the process, SSA has 180 days to issue a letter of findings (LOF). We are still looking for more complainants to add to the class action. Specific criteria for a possible claimant include:
- A resident of the western states (i.e., California, Arizona, Nevada, Oregon, Washington, Alaska, and/or Hawaii) who has already been found eligible for SSDI and/or SSI benefits;
- Who has severe mental and/or developmental disabilities as a primary impairment for receiving benefits; and,
- Who has been discriminated against within the past 2 years during post‑entitlement procedures (preferably 180 days because the Social Security Administration has a 6-month time limit on filing discrimination grievances.
PWDF will begin holding monthly clinics the fourth Wednesday of every month for individuals with mental and/or developmental disabilities who have already been found eligible for SSI and/or SSDI and need legal advice on issues such as SSDI work activity reviews.
You can support our litigation against the Social Security Administration by donating to our cause.
Education Update
On August 17, 2012, PWDF conducted its 11th public seminar: Autism and Technology: Resources and Opportunities for Transitional Age Youth. This was an interactive discussion at the Koret Auditorium at the downtown branch of the San Francisco Public Library. The speakers brought a wide range of expertise: they included experts in the medical and legal professions and self-advocate and assistive technology specialists. The speakers covered reasonable accommodations in employment and education, the importance of advocacy, and assistive technology.
Our next seminar will address health care issues for the mentally disabled, including equal access to health care services. Research has shown that patients with severe mental illness have a 13-30 year shorter life expectancy than that of the general population.5 Check our website for event updates or send us your email address to be added to our contact list for event notification.
PWDF is available for speaking arrangements and training sessions regarding reasonable accommodations, employment, housing and other issues regarding the mentally and/or developmentally disabled population. We have particular expertise in Social Security/SSDI and SSI disability post-entitlement / eligibility issues for beneficiaries with mental and developmental disabilities (see related article in this newsletter).
We are still exploring topics for our next training video and would like your opinions as to what issues you believe need to be addressed in relation to psychiatric disability on a nationwide level. Please let us know which topics you believe are important to consider.
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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