Significant Progress Made: SSA to update discriminatory work activities form

by PWDF Staff

On 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.

• Old Work Activity Report form 821 prior to February 7th 2012 [1]
• New Work Activity Report form 821 as of February 7th, 2012

In our motion PWDF explains that many Social Security disability claimants are discriminated against due to the fact that SSA does not take into account cognitive or other mental impairments when requesting a work review. These missteps by the SSA have resulted in the loss of benefits for individuals that could not understand the forms and the implications of their answers to the questions.

Since this motion was filed the SSA has updated this form to make it easier for those with mental/developmental disabilities to participate in work reviews. Our motion was instrumental in forcing SSA to reevaluate their forms and update them to better fit the accommodations mandated in Section 504 of the Rehabilitation Act of 1973. The form has been modified to be more straightforward as well as offering more options for answers if an individual is mentally/developmentally disabled. While this action does not alleviate all of the discriminatory conduct of the SSA it is a step in the right direction.

[1]Exhibit 1 to deposition of SSA Employee Mr. ben-Israel

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.