SOCIAL SECURITY ADMINISTRATION AND PLAINTIFFS DISCUSS SETTLEMENT IN CLASS ACTION COMPLAINT

Counsel's Corner

Do Disability Rights Advocates Discriminate on the Basis of Mental Disability?

Op-Ed

Part 1 of Series

Over the past seven years as Director and Managing Attorney of People With Disabilities Foundation (PWDF), which focuses on psychiatric disabilities, I have found that individuals with aggression, delusions, or extreme anxiety often are representative of those individuals whom lawyers and other advocates prefer not to represent.

Discrimination based on mental disability is indeed deeply ingrained into the fabric of society, including within the disability rights advocates’ community. PWDF conducted an unscientific survey over the last few months relating to this article’s title. Some advocates responded by stating reasons for not wanting to represent, which include that the client may not show up in court, safety issues, and/or other fears. Others insisted no disparities exist in representation between those with physical or mental disabilities.

It is noteworthy that some experienced litigators expressed a lack of awareness about this population’s mental diagnoses and resulting limitations. One referred to them as “novelty” people, another as people in a hospital but not having the ability to be part of the working population. Another class action litigator asked if “these are the people who do not show up in court.” These descriptions are not necessarily wrong but too often lead to unequal representation. In a large court case, due to a lack of understanding the nature of mental disability, the litigator decided to use plaintiffs with visual impairment(s) instead of plaintiffs with mental impairment stating: "We thought we would just simplify things."

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In the Spotlight

Having a Child With Autism

An Analysis of This Year's News on Autism Spectrum Disorder and What to Do About It

It is undisputed that autism is being increasingly diagnosed at an astonishing rate. The most recent nationally representative data indicates that about 1 in 200 children between the ages of 4 and 17 have been diagnosed with autism. Since this data did not account for those who were diagnosed with other forms of autism spectrum disorder (ASD) - pervasive development disorder, not otherwise specified, Rett Syndrome, Asperger Syndrome, or childhood disintegrative disorder - the actual prevalence of children who have any type of ASD cannot be determined[1] and is likely higher than 1 in 200. No specific reason has been determined for this rise in diagnosis, though suspicions and hypotheses abound. Earlier this year, a look-back study suggests that changed criteria in the diagnoses of developmental language disorders and autism may have contributed to the rising rate of autism diagnosis[2].

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PWDF Program Updates

Advocacy Update

As of October 21, 2008:

1. PWDF’s class action case, Davis v. SSA, No. 6-6108-MHP, N.D. Cal. – On behalf of individuals with psychiatric impairments whose Social Security benefits were being unfairly terminated as a result of “work review” without understanding or consideration of to their psychiatric conditions, understandable notices, etc. – is currently suspended while Defendant, the Social Security Administration (SSA), and Plaintiffs’ further consider a settlement. We are asking SSA to consider the adverse effects their policies and procedures cause Plaintiffs during the work review cessation process.

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Education Update

As of October 21, 2008:

1. October is the National Disability Employment Awareness Month! To help promote awareness of issues regarding disabilities, Annie Hsia of PWDF was a co-speaker at McKesson Corporation’s “Lunch and Learn” series on October 20, 2008. Along with Tim Cannon and Burt Yanagida, the attendees gained an appreciation of how technology has influenced the daily lives of those with visual, hearing, learning, or psychiatric disabilities.

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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 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.