UPDATE

Social Security Administration (SSA) Violates Court Order Concerning Obligation to Provide Reasonable Accommodations to Severely Mentally Disabled Beneficiary

By April Banerjee, Program Manager for Public Awareness and Education

In 2012, People With Disabilities Foundation (PWDF) reached an unprecedented settlement with the Social Security Administration (SSA) regarding discrimination against two mentally and/or developmentally disabled Social Security beneficiaries.  In this settlement, the SSA agreed to provide these beneficiaries (Terrence Davis and John Doe) with a number of reasonable accommodations based on their disabilities. ¹ PWDF remains actively involved in the enforcement stage of this case.

Pursuant to this court order, the SSA is obligated to provide Mr. Davis and Mr. Doe with designated program experts and comply with specified means for these beneficiaries to access the experts.  The purpose of having these program experts is to ensure the SSA effectively communicates with these plaintiffs, as required under Section 504 of the Rehabilitation Act of 1973. ² On a practical level, this means that the program experts are to help Mr. Davis and Mr. Doe comply with SSA rules by bridging the gap between the plaintiffs’ functional limitations and the need to respond to SSA’s requirements as specified in their notices. 

To enable the designated program experts to meet this obligation, the settlement agreement includes a provision that they shall be available to attend a meeting with the respective beneficiaries’ professional and/or family support network.  The objectives of the meetings are to educate and provide training to the program experts about the beneficiaries’ impairments, limitations, and/or symptoms, as well as provide recommendations about techniques that will assist the experts communicate effectively with Mr. Davis and Mr. Doe. ³

Earlier this year, PWDF learned that the SSA had failed to continue to meet its obligations concerning the assigned program experts for Mr. Davis.  Mr. Davis reported that while he initially had access to his assigned program experts, he had tried to reach them numerous times for a lengthy period, perhaps as long as two years, but got no response.  After learning that Mr. Davis had not had access to a trained, assigned program expert, PWDF contacted the SSA to ensure it assigned new program experts for Mr. Davis, pursuant to its obligations under the settlement agreement. Mr. Doe reported that he had not recently initiated a request to meet with his program expert due to complications from an unrelated hospitalization.

PWDF is following up with the SSA to ensure the new assigned program experts are available and receive training so that the agency is able to provide Mr. Davis with meaningful access to its programs and services, as required by Section 504.   

PWDF is dedicated to ensuring that people with mental and/or developmental disabilities are not discriminated against in the provision of programs and services and will continue to work to achieve equal access to services.

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.