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E-News Article

 

PWDF: Focus on Mental Disabilities

In the SPOTLIGHT

 

PWDF Celebrates the 17th Anniversary of the Olmstead Decision with Commentary to the US Administration for Community Living

 

By PWDF Staff

In June 2016, People With Disabilities Foundation (PWDF) offered commentary to the US Administration For Community Living (ACL) for the 17th Anniversary of the Olmstead Decision. On June 22, 1999, the United States Supreme Court held in Olmstead v. L.C., 527 U.S. 581 (1999) that unjustified segregation of persons with disabilities constitutes discrimination in violation of Title II of the Americans with Disabilities Act.  To commemorate Olmstead, the ACL published information about local programs that provided services related to competitive integrated employment and asked other entities to submit information about their work related to competitive integrated employment in support of community living.

The Court held that public entities must provide community-based services to persons with disabilities when (1) such services are appropriate; (2) the affected persons do not oppose community-based treatment; and (3) community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity (states have an economic “undue hardship” defense).

PWDF believes wholeheartedly that individuals with developmental disabilities are entitled to equal opportunities in all aspects of life, and will continue to work towards this end through education, advocacy, and outreach.  PWDF submitted comments to the ACL about our work related to assisting clients and others who had not attained the status of working in competitive integrated employment, even though they live in community settings, not state institutions.  A summary of these comments is provided below.

PWDF serves people with mental and/or developmental disabilities through our Advocacy and Education Programs. Our Advocacy Program provides legal services for people with psychiatric and /or developmental disabilities on cases that involve Social Security disability benefits, employment, housing, education, and other areas related to disability.  One example of success includes two of our (consolidated) cases in which the Social Security Administration (SSA) agreed to an unprecedented settlement regarding discrimination against two mentally and/or developmentally disabled individuals (Davis v. Astrue, Case 3:06-cv-06108 EMC (N.D. Cal. 2012); Doe v. Astrue, Case No. 3:09-CV-980 EMC (N.D. Cal. 2012)).  These cases involved plaintiffs’ access to Social Security disability work incentive programs.

The impact of the Davis and Doe litigation was significant.  First, the SSA modified form number SSA-821-BK (Work Activity Report) by adding language that addressed individuals with mental as well as physical impairments.  Second, the SSA agreed to provide accommodations, including training for SSA field office employees in the use of alternative communication methods with plaintiffs to comply with Section 504 of the Rehabilitation Act of 1973, which requires that all government agencies must ensure effective communication with disabled individuals for equal meaningful program access.

We also hold legal clinics (i.e., consultations with attorneys) for beneficiaries of Social Security Disability Insurance and/or Supplemental Security Income who have mental and/or developmental disabilities and are having post-entitlement / eligibility issues, including overpayments, due to returning to work.

PWDF’s Education Program does outreach and education on issues relevant to developmental disabilities through seminars, workshops, community outreach, and written and video resources.  This includes many events focusing on employment, either related to reasonable accommodations or to Social Security disability benefits.  PWDF’s founder and Legal Director, Steven Bruce, has led trainings on reasonable accommodations in employment for psychiatric and/or developmental disabilities for US Equal Employment Opportunity Commission investigators. He has spoken on the topic in many fora, including for the Federal Executive Board’s Disability Opportunity Council and the Department of Veterans’ Affairs, among others.

PWDF has produced two video resources on reasonable accommodations in employment for people with mental disabilities:  Understanding Employees and Job Applicants with Psychiatric Disabilities and Accommodating Employees and Job Applicants with Psychiatric Disabilities in the Workplace.  The content of these videos includes many concepts and strategies that are transferrable to individuals with developmental disabilities and may provide insights into the range and types of accommodations that could be successful for this population. Understanding has been recognized by the Substance Abuse and Mental Health Services Administration’s (SAMHSA) Resource Center to Promote Acceptance, Dignity and Social Inclusion Associated with Mental Health as an effective national anti-discrimination/anti-stigma campaign.

PWDF also submits written public comments to federal agencies on relevant issues that support competitive, integrated employment for people with developmental disabilities.  Examples include comments and recommendations on the SSA’s proposed plan for meeting its requirements under Section 504 of the Rehabilitation Act of 1973, recommendations for potential revisions to the SSA’s Ticket To Work program rules in response to the SSA’s Advance Notice of Proposed Rulemaking, and comments to the U.S. Department of Labor for a meeting of the Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities.

PWDF continually offers educational events that address issues specific to mental and/or developmental disabilities.  We offered a public awareness seminar entitled, “Autism and Technology: Resources and Opportunities for Transitional Age Youth,” and are now planning a follow-up public awareness seminar related to autism.  We provide educational workshops regarding employment issues for people with developmental disabilities as well.  One recent example includes our SSDI (Title II) and SSI (Title XVI) Work Incentive Rules and Overpayments, which was presented to staff and clients of an organization that serves people with developmental disabilities. The workshop covered SSI and SSDI work incentive program rules, work review process, and overpayment information as they pertain to people with developmental disabilities.

PWDF continues to research, discuss, and present workshops, trainings and seminars regarding the diversity of concerns surrounding developmental disabilities. PWDF is deeply committed to independent, community living that allows all individuals to thrive.

 

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.

PWDF does not provide legal assistance by email or telephone.

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