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.

2. New law enacted – The ADA (Americans with Disability Act) Amendment Act of 2008 was approved by Congress and then signed into law by President Bush on September 25, 2008[1]. This long-awaited legislation will restore the broad definition of disability originally intended by lawmakers back in 1990, when ADA was passed. Among other decrees, Congress now specifically rejects considerations of mitigating effects medical treatment may have on someone’s disability. For example, a person with bipolar disorder on a regulated medication regimen would still be protected under the ADA with this amendment.

3. In addition, both houses passed the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act, which the White House immediately signed into law on October 3, 2008[2]. This Act would amend the Mental Health Parity Act of 1996 to prohibit disparity in financial requirements of the insureds and disparity in treatment limitations.

4. Community Workshop Proposed – Due to numerous requests, PWDF is considering holding a do-it-yourself Social Security overpayment workshop. If you have clients interested in attending this workshop (to be held in an easily accessible location in the San Francisco Bay Area), please contact us for additional coordination logistics.

1 Public Law No. 110-325.

2 Public Law No. 110-343.

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.

2. The Epilepsy Foundation of Northern California has requested PWDF to give a presentation on December 17, 2008, at 7 p.m. at San Francisco’s Pacific Campus of the California Pacific Medical Center (for a map and directions, see www.cpmc.org/visiting/directions/pacific.pdf). The topic will cover initial eligibility requirements for Social Security disability benefits and includes a general Q&A session afterwards. The Epilepsy Foundation has agreed to open the forum to all other interested parties. If you would like to attend, please R.S.V.P. by emailing education@pwdf.org by December 1, 2008.

3. The Public Awareness/Educational Awareness Division of PWDF is pleased that our latest 28-minute training video, Understanding Employees and Job Applicants with Psychiatric Disabilities, has been well received by those who have viewed it. PWDF is continuing its post-production duplication and distribution, with target audiences being people with psychiatric disabilities, human resource managers, vocational rehabilitation counselors, other agencies serving our population, and the general public. To ensure better access to this information, PWDF has reduced prices of all training videos.

4. We are concurrently in pre-production on our next (third) major training video, which resulted in a focus group represented by consumers, a psychologist, and San Francisco NAMI (National Alliance on Mental Illness). The exact subject matter will depend upon further pre-production marketing surveys, including more focus groups as necessary. Under consideration is better access to mental health care through multicultural outreach, where multicultural is broadly defined as not only including race, ethnicity, and age, but also the LGBTQI (Lesbian, Gay, Bisexual, Transsexual, Questioning, and Intersex) community. PWDF will continue to take into account all required factors such as the post-production distribution (the mechanism for marketing). The beneficiaries of this proposed video remains individuals with psychiatric disabilities. If you have ideas for a future training video or would like to participate in the next focus group, please contact us.

5. There will be at least one other videotaped workshop or 2-3 hour seminar planned before the end of the fiscal year, topics of which may include understanding Medi-Cal (Medicaid) and understanding how to advocate for yourself when a Social Security notice of overpayment is received. If effective, the videotape may be produced for use in other regions. Finally, we have just uploaded a 5½-minute YouTube clip of our latest training video production (www.pwdf.org/media/video_understanding.html). For more information on purchasing or assisting in distribution, please contact education@pwdf.org.

6. Steven Bruce, PWDF’s Managing Attorney, and Anita Gilbert, Ph.D., Clinical Psychologist, gave a presentation before the Federal Executive Board’s Disability Opportunity Council (DOC) on June 18, 2008. Present were approximately 35 employees of various federal agencies from the Coast Guard to the Veteran’s Administration. Dr. Gilbert is a member of the PWDF Advisory Board.

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.