Counsel’s Corner

Social Security Administration (SSA)  Threatens Reprisal if Plaintiff Files a Discrimination Complaint in Court

By Steven Bruce, PWDF Legal Director

After plaintiff John Doe[1] was found to meet the requirements of schizophrenia spectrum disorder evidenced by paranoid delusions, hallucinations, and disorganized thinking, he was falsely accused by the SSA of having a million dollars’ worth of real estate in Mexico. For two years, he was homeless, in psychiatric hospitals, and shelters, resulting in this civil rights suit against the SSA for not providing effective communication for meaningful program access in violation of Section 504 of the Rehabilitation Act of 1973.

A proposed SSA rule published in the Federal Register states, “[The following] impairments are subject to change with advancements in medical treatments and findings from our predictive model . . . Depressive, bipolar and related disorders . . . Huntington’s disease . . . Intellectual disorder . . . Late effects of cerebrovascular disease . . . Neurocognitive disorders . . . Other cerebral degenerations . . . Schizophrenia spectrum and other psychotic disorders (emphasis added).”[2]

A psychiatrist medical expert testified at our client’s Social Security disability hearing that his symptoms include auditory and visual hallucinations, delusions, and disorganized and tangential thinking. His depressive symptoms include trouble with sleep, energy, concentration, and anhedonia. Further, when he is manic, he exhibits pressured speech, increase in activities, decreased need for sleep, and impulsive behaviors with irritability and grandiosity. He is markedly limited in concentration and persistence in maintaining pace, and has made multiple suicide attempts in his past. All of this was known to the SSA before it falsely found that John owned a million dollars in real estate in Mexico and was; therefore, over-resourced for the Supplemental Security Income (SSI) poverty program.

Not providing meaningful program access by not providing effective communication on the basis of disability (in this case, schizophrenia) is a violation of Section 504 of the Rehabilitation Act of 1973, the predecessor to the Americans with Disabilities Act (ADA). The SSA had the information about his limitations, but did not bother to look at it, since this disability was targeted so that these individuals would have their benefits either not started or terminated. This was the explicit design of former SSA Commissioner Andrew Saul, who was fired by President Biden on July 9, 2021 for, among other things, having “. . . undermined and politicized Social Security disability benefits . . .  reduced due process protections for benefits appeals hearings, and taken other actions that run contrary to the mission of the agency . . . .”[3]

PWDF filed John’s case in federal court in March 2023 after the SSA made him wait for two years for SSI. An SSA administrative law judge found our client to have the highest level of disability under their Listing 12.03-Schizophrenia spectrum disorder and a second SSA ALJ found he did not have excess resources and agreed he needed reasonable accommodations, which this ALJ requested but resulted in no response.

After I pursued the case, the SSA refused to allow our client’s mother to be his representative payee.  My client was found to be not competent and put in a state hospital, during which time his mother was made his Guardian Ad Litem (GAL) for the pending civil rights case only. According to his mother, an SSA supervisor at a local field office threatened his sister and mother with taking away our client’s SSI benefits again if a discrimination case was filed in court. Sixteen months after the discrimination complaint was filed, his mother demanded the case be dismissed out of fear from the alleged threat. The US attorney on the case states that the SSA will investigate the threat and will not disclose the results of the investigation to Plaintiff. The SSA “predictive models” have been requested in discovery as the second mediation continues on August 19, 2024.

[1] PWDF does not publish client names unnecessarily; therefore, plaintiff is referred to in this article by pseudonym.

[2] Rules Regarding the Frequency and Notice of Continuing Disability Reviews, 84 FR 63588 (proposed Nov. 18, 2019). www.federalregister.gov/documents/2019/11/18/2019-24700/rules-regarding-the-frequency-and-notice-of-continuing-disability-reviews

[3] Lisa Rein, Biden fires head of Social Security Administration, a Trump holdover who drew the ire of Democrats, The Washington Post, July 11, 2021 at 7:20 p.m. EDT. Available at https://www.washingtonpost.com/politics/andrew-saul-social-security-/2021/07/09/c18a34fa-df99-11eb-a501-0e69b5d012e5_story.html (last visited Aug. 3, 2023).

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.