JUDGE RULES SOCIAL SECURITY ADMINISTRATION MUST ACCOMMODATE BLIND
BENEFICIARIES Colleagues,
BENEFICIARIES Colleagues,
Below is another very important press release that absolutely should
go
out to all of your press release outlets immediately , ASAP!! It should
go out to newspapers, radio
stations, and tv stations in your area exactly as it is written, no
editing, no changes. This is a huge announcement and a major ruling that
benefits nearly all blind people in the United States and another victory
for ACB!! I'll send it in Word to anyone who wishes it when I get it.
go
out to all of your press release outlets immediately , ASAP!! It should
go out to newspapers, radio
stations, and tv stations in your area exactly as it is written, no
editing, no changes. This is a huge announcement and a major ruling that
benefits nearly all blind people in the United States and another victory
for ACB!! I'll send it in Word to anyone who wishes it when I get it.
*****
FOR IMMEDIATE RELEASE
For more information, contact:
Julia Epstein, Disability Rights Education & Defense Fund, (510)
644-2555 (x. 241), jepstein@dredf.org
Julia Epstein, Disability Rights Education & Defense Fund, (510)
644-2555 (x. 241), jepstein@dredf.org
Wondie Russell, Heller Ehrman LLP, (415) 772-6294,
wondie.russell@hellerehrman.com Ron Milliman, American Council of the
Blind, rmilliman@insightbb.com
wondie.russell@hellerehrman.com Ron Milliman, American Council of the
Blind, rmilliman@insightbb.com
JUDGE RULES SOCIAL SECURITY ADMINISTRATION MUST ACCOMMODATE BLIND
BENEFICIARIES
BENEFICIARIES
San Francisco, CA - April 24, 2008 On Wednesday, April 23, 2008, Judge
William Alsup of the US District Court for the Northern District of
California ruled that the US Social Security Administration (SSA) must
accommodate the real and legitimate needs of people with visual
impairments who receive benefits from SSA. The agency is required
under the Rehabilitation Act and the due process clause, the ruling
states, to provide communications in formats that are accessible to
these beneficiaries.
William Alsup of the US District Court for the Northern District of
California ruled that the US Social Security Administration (SSA) must
accommodate the real and legitimate needs of people with visual
impairments who receive benefits from SSA. The agency is required
under the Rehabilitation Act and the due process clause, the ruling
states, to provide communications in formats that are accessible to
these beneficiaries.
The ruling came after SSA sought to dismiss a class action filed in
federal
court in 2005 by the American Council of the Blind and a group of
individuals who are blind or have visual impairments filed a class action
lawsuit against SSA, alleging that the agency fails to provide the most
basic accommodations to its blind and visually impaired applicants and
beneficiaries. To this day, the SSA communicates with blind and visually
impaired applicants and beneficiaries in standard 12 point font print that
they cannot read, and is unwilling to provide meaningful communication in
alternative formats such as Braille, audio, large font or electronic text.
"In the 21st century there is no reasonable explanation or excuse for the
SSA to continue to ignore the needs and rights of the blind population,
and
we are committed to bringing about the necessary changes," explained
Wondie
Russell of Heller Ehrman LLP, an attorney for plaintiffs. "This decision
has now set us on the path to securing reasonable accommodations."
federal
court in 2005 by the American Council of the Blind and a group of
individuals who are blind or have visual impairments filed a class action
lawsuit against SSA, alleging that the agency fails to provide the most
basic accommodations to its blind and visually impaired applicants and
beneficiaries. To this day, the SSA communicates with blind and visually
impaired applicants and beneficiaries in standard 12 point font print that
they cannot read, and is unwilling to provide meaningful communication in
alternative formats such as Braille, audio, large font or electronic text.
"In the 21st century there is no reasonable explanation or excuse for the
SSA to continue to ignore the needs and rights of the blind population,
and
we are committed to bringing about the necessary changes," explained
Wondie
Russell of Heller Ehrman LLP, an attorney for plaintiffs. "This decision
has now set us on the path to securing reasonable accommodations."
Plaintiff attorneys argued successfully that the agency is subject to
the jurisdiction of Section 504 of the Rehabilitation Act of 1973,
which requires bars discrimination on the basis of disability in
federal programs, including removing communication barriers by
providing "auxiliary aids" that allow persons with disabilities an
equal opportunity to participate. "The callousness of SSA's adamant
insistence that sending notices that our clients cannot read was not
lost on the judge," said Arlene Mayerson, Directing Attorney for
Disability Rights Education and Defense Fund (DREDF), and an attorney
for plaintiffs. "It is amazing that something that is clear to
anyone, that sending a standard print notice to a blind individual
denies due process, would end up in federal court."
the jurisdiction of Section 504 of the Rehabilitation Act of 1973,
which requires bars discrimination on the basis of disability in
federal programs, including removing communication barriers by
providing "auxiliary aids" that allow persons with disabilities an
equal opportunity to participate. "The callousness of SSA's adamant
insistence that sending notices that our clients cannot read was not
lost on the judge," said Arlene Mayerson, Directing Attorney for
Disability Rights Education and Defense Fund (DREDF), and an attorney
for plaintiffs. "It is amazing that something that is clear to
anyone, that sending a standard print notice to a blind individual
denies due process, would end up in federal court."
Mitch Pomerantz, American Council of the Blind President, stated: "It
is long past time that the Social Security Administration - which
assists tens of thousands of blind and visually impaired persons - is
held to account for its stubborn unwillingness to adhere to a statute
that is 35 years old.
There is no excuse in this day and age of easy access to printers with the
capability for producing large type, and braille printers for SSA to
violate the Rehabilitation Act and I applaud this ruling."
is long past time that the Social Security Administration - which
assists tens of thousands of blind and visually impaired persons - is
held to account for its stubborn unwillingness to adhere to a statute
that is 35 years old.
There is no excuse in this day and age of easy access to printers with the
capability for producing large type, and braille printers for SSA to
violate the Rehabilitation Act and I applaud this ruling."
Plaintiffs in the lawsuit have gone without benefits as a result of
SSA's failure to give them effective notice of its actions. "Imagine
receiving a phone call from the bank that your checks are bouncing and
fees are mounting," suggests American Council of the Blind Executive
Director Melanie Brunson.
SSA's failure to give them effective notice of its actions. "Imagine
receiving a phone call from the bank that your checks are bouncing and
fees are mounting," suggests American Council of the Blind Executive
Director Melanie Brunson.
Attorneys for the plaintiffs include the Disability Rights Education
and Defense Fund, Heller Ehrman LLP, the Oregon Advocacy Center, and
the National Senior Citizens Law Center.
and Defense Fund, Heller Ehrman LLP, the Oregon Advocacy Center, and
the National Senior Citizens Law Center.
