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PWDF Appeals SSA on Section 504 Class Action Complaint; Claims Retaliation

PWDF filed an appeal with the SSA on an administrative class action complaint that asserted violations of Section 504 of the Rehabilitation Act of 1973 (the precursor to the Americans with Disabilities Act). Section 504 prohibits discrimination against individuals with disabilities and requires federal agencies to provide meaningful access to their programs and activities to individuals with disabilities.[1]

The complainants intend to exhaust all administrative remedies in order to proceed in district court and remain steadfast in their request for equal, meaningful access to SSA’s disability programs.

The complaint asserts that the SSA has failed to provide reasonable accommodations to individuals with mental disabilities in post-entitlement and post-eligibility status and requested that the SSA investigate, issue findings, and provide reasonable accommodations to complainants that permit equal program access to the SSA’s disability programs. The complaint was filed on behalf of four individual complainants and similarly situated individuals. (See article for more information on the administrative class action complaint)

The appeal states that the SSA violates the due process clause of the Fifth Amendment and 45 C.F.R. Part 85 by eliminating the Office for Civil Rights and delegating the investigative authority of discrimination and other complaints to the Office of General Counsel, which are the same attorneys charged with defending the agency in the event of litigation. The SSA’s procedures create an inherent conflict of interest when investigative authority is given to these attorneys, making any investigation and findings fundamentally invalid. In addition, the complainants maintain that the SSA violated the Privacy Act of 1974, 5 U.S.C. § 552a in failing to provide claimants’ their files despite repeated requests. The appeal also upholds the complainants’ requests for reasonable accommodation “in the form of CRs who are trained to communicate effectively with people such as claimants who have psychiatric disabilities, in order to have equal, meaningful access to SSA’s disability programs under Titles II and XVI.”

In addition, PWDF has not received a separate Letter of Findings regarding a Reprisal Complaint, so requested reconsideration of this charge. The complaint states that the SSA has exhibited retaliatory practices when complainant asked questions concerning benefit calculation; these retaliatiory procedures are not only illegal, but prevent the ready access and use of the SSA’s programs, which includes being allowed to ask program questions without fear of reprisal.

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.