In the Spotlight

Federal Judge Allows Doe v. Social Security Administration (SSA) Case to Go to Trial.

John Doe alleges that SSA discriminates against people with developmental disabilities.

Meet John Doe

By PWDF Staff

We want to take this opportunity to provide readers some background information on “John Doe,” a plaintiff in our lawsuit against the Social Security Administration (SSA). We first introduced you to John via our March 9, 2009 press release. John is the plaintiff in our latest lawsuit, filed March 6, 2009 (Case No. 09-980 MHP), against SSA. We are alleging that SSA notices and other methods of administration discriminate against John and others like him with mental and/or developmental disabilities in violation of Section 504 of the Rehabilitation Act of 1973 and the Due Process Clause of the Fifth Amendment.

DISABILITY WORK REVIEWS

We are challenging SSA’s selection process to determine who is subjected to work-related continuing disability reviews or SSI eligibility redeterminations, which are reviews of a beneficiary’s continued eligibility to receive SSI benefits. SSA subjected John to multiple work reviews and determined that his countable income exceeded requirements for SSI cash benefits. In August 2007, SSA reduced Plaintiff’s monthly SSI cash benefits to about zero dollars.

John is an adult who is developmentally disabled with autism, a generalized anxiety disorder, and other impairments. He desires to live and work independently.

At issue is how and if SSA takes into account John’s work related expenses, including money he uses to pay a job coach. Since 1996, John received substantial support through The Arc of San Francisco[1], which is a chapter of a national organization. The Arc provides support and assistance to persons with developmental disabilities.

The Arc placed John in his current supportive housing situation, including access to on-site counselors, and provided John with vocational training services, job placement services, and job retention services, including a job coach.

Between October 1999 and September 2000, John worked at The Arc in its employment training program. From February 2001 through April 2002, John worked at Goodwill Industries of San Francisco.

From April 2003 to the present, John has been working about ten to twenty hours per week, about two to three days a week. During part of this time, it was necessary for him to work with and pay for a job coach through The Arc’s job retention services.

In federal court, it is our position that SSA should have known without being so advised by PWDF to deduct the value of the job coach as an impairment-related work expense under SSA rules and not consider it part of John’s earnings. SSA failed to request, obtain, or consider information about any such expenses.

SSA’s discriminatory methods of administration caused the loss of SSI checks vital to John’s ability to live and work independently. Ironically, the harm from loss of SSI benefits is compounded, when, as in John’s case, additional therapy is needed due to the anxiety and hallucinations caused, in part, by SSA’s actions. But for financial assistance from his family, John would not be able to maintain his independence.

LACK OF STAFF TRAINING

We are alleging that SSA has inadequate or no training for Claims Representatives (CRs) or other staff to conduct work reviews for beneficiaries with mental and/or developmental disabilities. SSA fails to train CRs to understand components of mental and/or developmental disorders and the effect(s) of antipsychotic medications or other treatments for these disorders.

A CR is bound by SSA internal procedures to apply a mechanical formula to determine eligibility for continued receipt of services. CRs make decisions to terminate benefits without considering the mental status or effect of medications on a person’s ability to comprehend or comply with notices, including a ten-day notice of cessation letter. CRs ignore the basic elements of mental and/or developmental disabilities and often terminate while disregarding medical factors.

SSA WRITTEN NOTICES

The numerous and complicated notices SSA regularly sends out are confusing and potentially harmful to persons with mental and/or developmental disabilities. Termination notices include short deadlines and threats that significantly undermine John’s mental health and stability. Receiving these notices causes John to experience delusional psychotic episodes, heightened anxiety, and decompensation of his mental disability.

CONCLUSION

At PWDF, we hope to rectify discrimination by filing lawsuits such as this and by raising public awareness of the challenges to independent living and working faced by people like John. We want to commend John and people like him who are willing to stand their ground regardless of a monumental foe such as SSA.

You can support our work by donating to our cause or if you can offer experienced litigation support - please email ahsia@pwdf.org.

PWDF is interested in filing additional complaints for people with mental and/or developmental disabilities who experience similar discrimination in SSA’s work review procedures. If you feel that SSA discriminates against you in their work review(s), please email ahsia@pwdf.org.

1 For more information about services provided by The Arc, visit www.thearcsanfrancisco.org.

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.