In the Spotlight

SSI Client Wins for Being Acutely Psychotic; then the Social Security Administration (SSA) Falsely Claims He Has a Million Dollars of Real Estate and Refuses to Process any SSI Checks

By Steven Bruce, Legal Director

PWDF won on the false over-resource allegation. Claimant who was psychiatrically hospitalized four times recently also was and is in dire need of reasonable accommodations (RA) to have effective communication so that he would have equal access to the SSA’s SSI program. He has had no SSI disability checks since January 10, 2020 through the present based on SSA’s false claim and their lack of response to a December 22, 2020 request for RA in violation of section 504 of the Rehabilitation Act of 1973.

By decision dated 1/10/2020, an ALJ found this claimant disabled on the basis of meeting Section 12.03 Schizophrenia spectrum and other psychotic disorders of 20 C.F.R. Part 404, Subpt. P, Appendix 1.  This finding was made based on mental health charts that his schizophrenia causes auditory and visual hallucinations (AVH), disorganized thoughts and difficulty with the ability to follow through on tasks, depression, mood swings, anxiety, social isolation, paranoia, difficulty falling asleep due to restlessness, etc.

After he received the decision, claimant went to the San Mateo, CA SSA field office (DO) to have it processed for non-medical eligibility criteria. The DO found that he owned, managed, and controlled a million dollar house in Mexico.  Claimant misspoke, and explained he did not own property.  This was corroborated by his mother and sister. In multiple contacts with SSA, the mother said her son gets confused and the Mexican government said the property was worthless.  The SSA employees falsely described the mother as uncooperative.

Nevertheless, SSA continued to pressure him to confess that he owned and could sell a million dollars of real estate in Mexico since the death of his father in 2006.  In fact, the SSA used tactics including that he was being recorded, and that his testimony was under penalty of perjury after the SSI beneficiary told the truth.

SSA did not comply with 45 C.F.R., Part 85, the Section 504 regulations by providing him equal program access, despite his attorney’s written Request for Reasonable Accommodations on 12/22/20.

This egregious misconduct of the SSA continued through the present where this issue is now before another ALJ.

Claimant did not have to testify at the hearing as the evidence is overwhelming that there is no factual basis to continue to force a confession of an untrue fact.

PWDF is expecting a fully favorable decision and although the ALJ states she believes he is entitled to RA; it is unclear if the discrimination part of the hearing will be won before it goes to federal court. Claimant could not afford to pay rent and is temporarily staying at in a recovery program. Historically the SSA had to be sued to provide legally required RA. The SSA had maintained they lost their self-evaluation done from 1986 through 1988, in 2010 they agreed to do another for 2 years; however, after 3 years they issued obscure statements; e.g., they “have a vision.”

Although PWDF’s Legal Director requested the same RA as he received in Davis and Doe v. SSA (Davis v. Astrue, Case No. 3:06-CV-6108 EMC (N.D. Cal. 2012) and Doe v. Astrue, Case No. 3:09-CV-980 EMC. (N.D. Cal. 2012)); it is unclear if now, 9 years later the agency will concede they know how to provide accommodations to people with severe mental and/or developmental disabilities.

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 and Commission of Rehabilitation Counselor Certification.