News and Press Releases
Social Security Administration Agrees to Unprecedented Settlement re Discrimination Against Mentally/Developmentally Disabled Individuals
San Francisco, California – June 19, 2012 – People with Disabilities Foundation (PWDF) has reached an unprecedented settlement with the Social Security Administration (SSA) in two cases alleging discrimination against mentally/developmentally disabled individuals, under Section 504 of the Rehabilitation Act of 1973 (Section 504) which, unlike the ADA, applies to federal agencies; Terrence Davis v. Michael Astrue, Case No. 3:06-CV-6108 EMC (NC) and John Doe v. Michael Astrue, Case No. 3:09-CV-980 EMC (NC). After 5 years of litigation the parties have filed a final settlement agreement in U.S. District Court, that has been approved by Honorable Edward M. Chen.
Plaintiffs Davis and Doe argued that the SSA continually, over the course of many years, discriminated against them by failing to effectively communicate regarding complex SSA rules. Both clients had their social security benefits terminated and or reduced to zero, but were not informed in a manner in which they could understand and respond, due to their psychiatric and/or developmental disabilities. Their impairments include chronic schizophrenia, cognitive and intellectual challenges, severe anxiety, depression, autism and functional illiteracy.
The settlement agreement affords reasonable accommodations so Plaintiffs can have equal meaningful access to the SSA’s disability programs under Title II (SSDI) and Title XVI (SSI) of the Social Security Act. The accommodations include training for SSA field office employees and alternate communication methods with plaintiffs to comply with Section 504, which requires that all government agencies must ensure effective communication with disabled individuals.
“This is a major step for human and civil rights for people who have mental and/or developmental disabilities,” says PWDF’s legal director, Steven Bruce. Bruce also notes, “There have been numerous cases on behalf of people with physical disabilities, but it is our belief that this is the first time that, as a result of legal action, any federal agency has agreed to provide reasonable accommodations to individuals with mental or developmental disabilities, to allow equal, meaningful program access. Although these two cases are not class actions, they will have a greater impact beyond the individual plaintiffs, bringing awareness to the issue and ideally paving the way for millions of other mentally and developmentally disabled Americans to actually receive the equal, meaningful access to which they are entitled under the law.”
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Com Settlement signed by Judge Chen.6.19.12 (PDF)