Community Currents

In Memoriam – Terrence Davis, a Person with Schizophrenia

By Steven Bruce, Legal Director

With our deepest regrets, People With Disabilities Foundation (PWDF) notes the passing of Terrence Davis, a long-term client and one of the plaintiffs in a landmark case against the Social Security Administration (SSA). See Davis v. Astrue, Case No. 3:06-CV-6108 EMC (N.D. Cal. 2012). Mr. Davis’s case was important, as it addressed the right of people with mental and/or developmental disabilities to live independently, which includes the right to work with equal access to SSA work incentive programs.

Terry Davis, whose diagnoses included paranoid schizophrenia, major depression and severe anxiety, agreed to be an open, out of the closet Plaintiff in a federal discrimination lawsuit against the SSA. From October 2005 through 2017 he continued in this a role, not just for himself as an individual who was terminated from his disability benefits by the SSA for trying to work and told to repay the SSA $67,000, but for the purpose of helping others with mental illness. He persevered through multiple depositions and motions and other stressful times based on his devotion to equal access to the SSA’ s disability program access under Section 504 of the rehabilitation act of 1973.

PWDF represented Mr. Davis in an unprecedented settlement with the SSA regarding discrimination against Mr. Davis and another plaintiff (Doe v. Astrue, Case No. 3:09-CV-980 EMC (N.D. Cal. 2012)) based on their mental and/or developmental disabilities. Their cases involved the disparate treatment of Social Security disability beneficiaries with mental disabilities who work or want to work. In this settlement, the SSA agreed to provide Mr. Davis and Mr. Doe with a number of reasonable accommodations based on their disabilities. Since the settlement agreement in 2012, PWDF ensured that the SSA met its responsibilities in the enforcement period. [¹] The SSA also revised its Work Activity Report, form SSA-821, to include mental disabilities.

PWDF represented Mr. Davis from 2005 until his death in 2017. We applaud Mr. Davis for his courage in making public his mental disorders, which are highly stigmatized, for the purpose of changing discriminatory practices and for pursuing his case in a legal process that was grueling for the plaintiffs, especially given their anxiety and depression. We will remember Mr. Davis for his great sense of humor, making us laugh during his visits to the office. PWDF appreciates Mr. Davis for trusting us with his important case and we send our sincere condolences to his family members.

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.