Case In Profile

PWDF advocates for and represents adults and children with invisible disabilities in Social Security disability benefits cases.  From time to time, PWDF will highlight individual client stories.  If you have a Social Security disability case in need of representation, please call PWDF for additional information.

Ghosts from Her Homeland

By Annie Hsia, Program Manager

Recently, PWDF represented Bailey Wong[1], an Asian-American woman, in her claim for Social Security disability benefits. Initially diagnosed with severe depression and a somatoform disorder, Mrs. Wong also talked about seeing ghosts that ridiculed her for not working, which, in traditional Chinese culture, may not necessarily be viewed as a symptom of a psychiatric illness. The Chinese culture reveres the family unit, where ancestors are believed to live on as spirits that protect family descendents. Stories of loved ones returning as ghosts abound, and seeing ghosts is often considered a blessing.

Mrs. Wong is of Limited English Proficiency (LEP), which is generally protected by Title VI of the Civil Rights Act of 1964[2]. For years, she worked as a pattern-cutter in the textile industry. In 2001, the repeated stress of cutting through layers of fabric resulted in her inability to continue in this line of work. Because Mrs. Wong could no longer grip and manipulate working tools properly without experiencing persistent pain, she applied for workers’ compensation.

As an industrious woman, Mrs. Wong attempted to return to work. Another belief in traditional Chinese culture holds that those who are capable of working but do not must be lazy (and therefore not a “good” person). A culturally sensitive mental health provider may have been able identify the cultural influences that contributed to Mrs. Wong’s mental illness symptoms.

Unfortunately, Mrs. Wong received therapy through a large health maintenance organization (HMO) that provided limited coverage for mental health needs. Moreover, her HMO offered interpreters only for the completion of medical forms. At the actual psychiatric treatment sessions, no provider who spoke Mrs. Wong’s native language was available, nor was the provider able to understand the cultural significance of seeing “ghosts.” As a result of the lack of LEP accommodations, Mrs. Wong did not receive adequate mental health treatment. She continued to suffer from her mental impairments.

Depressed and unable to work, Mrs. Wong applied for Social Security disability benefits in 2003. After being denied benefits twice, she came to PWDF for representation. Three separate hearings were held before a Social Security Administration (SSA) Administrative Law Judge. Despite evidence of her injury, pain, and ongoing depression, the judge found that she could have worked prior to 2003. After strenuous objections, SSA’s Appeals Council ordered the presiding judge­ to reconsider Mrs. Wong’s disability claim from 2001 to 2003 with specific instructions. The judge finally granted Mrs. Wong full benefits, finding she was indeed disabled since 2001.

Though it took over four years for the successful resolution of her claim, Mrs. Wong felt grateful that PWDF provided culturally sensitive services in helping her gain disability benefits. After having postponed travel to China because of her SSA claim, she was finally able to visit her grandmother’s home. We hope that she will finally be able to bid her scolding ghosts farewell.

Footnote(s):

1 This is a fictitious name and will be used through the rest of the article to protect the identity of PWDF’s clients

2 Only by Executive Order 13166 is SSA bound to an equivalence of Title VI of the Civil Rights Act, wherein racial and ethnic discrimination are prohibited.

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 U.S. 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 produces educational materials such as training videos, organizes workshops and public seminars, and provides guest speakers with backgrounds in mental health.

Continuing Education Provider: State Bar of California MCLE, California Board of Behavioral Sciences Continuing Education, and Commission of Rehabilitation Counselor Certification.