news

Persons with Mental Disorders Who Return to Work Continue To Be Disproportionately Terminated from Social Security Disability Insurance (SSDI) Benefits

By April Banerjee, PWDF Program Manager for Public Awareness and Education

Social Security Administration (SSA) data reveal that people with mental disorders continue to be disproportionately terminated from SSDI benefits when they return to work, as compared with people with physical disabilities. A review of the 2011 data from SSA does not show improvement from the 2006 data we reviewed in the past.

continued>>

in the spotlight

California Legislature Asks State Auditor to Investigate Deficiencies that Create Potential for Continued Abuse at California Developmental Centers

By April Banerjee, PWDF Program Manager for Public Awareness and Education

In July 2012, a California Department of Public Health recertification survey of the Sonoma Developmental Center (SDC) found "dozens of safety deficiencies, including four issues that it believed put resident health and safety in immediate jeopardy."¹ A subsequent inspection at Sonoma's Intermediate Care Facility (ICF) in December 2012 found uncorrected systemic deficiencies that led to DDS voluntarily terminating Medicaid certification at four of Sonoma's ten ICF residential units.² California Watch reports that this has led to a loss of over $1 million per month in federal funding.³

continued >>

counsel's corner

Social Security Administration Concedes Individuals with Disabilities Have a Right to Their Entire Claims File Under the Privacy Act

By Steven Bruce, Legal Director PWDF

PWDF has filed an administrative class action complaint against the Social Security Administration alleging that the SSA does not provide equal/meaningful program access to people with psychiatric disabilities. In fact SSA policies, or their lack of, screen out or tend to screen out those with mental and/or developmental disabilities from equal program access (SSI and SSDI disability programs).

In this case we have also alleged that the SSA has refused to provide the entire claims file at no charge to individuals who are filing discrimination complaints. On July 30, 2013, SSA conceded that under the Privacy Act 5 U.S.C. § 552a, people have a right to a copy of their file at no charge.

community currents

People With Disabilities Foundation THE PARITY IN ADVOCACY PEOPLE We Provide Equal Access to Advocacy for Those with Psychiatric Disabilities

In support of our mission to provide education and advocacy for people with psychiatric and/or developmental disabilities so that they can achieve equal opportunities in all aspects of life, PWDF is actively working to provide equal access to advocacy for those with psychiatric disabilities. We continue to consider the best ways to advocate for those whose disabilities cannot be measured through psychometric testing.

continued >>

community currents

People With Disabilities Foundation (PWDF) to Provide Workshop on Social Security Post-entitlement / Eligibility Issues at NAMI California 2013 Annual Conference

PWDF will be providing an approximately one-hour workshop entitled "Social Security Work Activity Review and Resulting Overpayments [SSDI (Title II) and SSI (Title XVI) Post-entitlement/Eligibility Issues]." It will be held as a part of the NAMI California 2013 Annual Conference at 11:00 a.m. on August 16, 2013 at the San Francisco Airport Marriott Hotel Waterfront in Burlingame. See NAMI California's conference website for more information.

announcement: trAINING AVAILABLE

People With Disabilities Foundation (PWDF) to Provide Continuing Legal Education on Social Security Post-entitlement / Eligibility Issues at The Bar Association of San Francisco (BASF)

PWDF will be providing continuing legal education on Social Security Post-entitlement / Eligibility Issues at the BASF on September 9, 2013. The training is entitled "Social Security Work Reviews for People with Mental Disabilities" and it will be held at the BASF office at 301 Battery Street, San Francisco, CA from 12:00 p.m. to 2:00 p.m. The course qualifies for two hours of State Bar of California MCLE. See BASF's website for more information.

PWDF NEWS: PROGRAM UPDATES

On May 22, 2013, PWDF held its first Legal Clinic for Social Security Beneficiaries with Post-Entitlement / Eligibility issues. The clinics are being held the fourth Wednesday of every month. The issues have ranged from questions about being over the resource limit from both earned and unearned income to requests for advice regarding the effect marriage would have on a claimant's benefits. The next clinic is scheduled for August 28, 2013.

PWDF has applied to the City and County of San Francisco for two contracts. The first would provide SSI disability linked Medi-Cal advocacy, at all stages of the process as well as assistance with post-entitlement issues, to clients. The second is to provide these benefits counseling services to people living with HIV in the City and County of San Francisco.

The advocacy program welcomes a newly hired staff attorney who has approximately 15 years of legal experience and will begin working at PWDF within the next two weeks.

You can support our litigation against the Social Security Administration by donating to our cause.

We have been preparing for exciting education and public awareness events. These include the two education activities at the NAMI California Conference and the BASF, which will address SSDI and SSI post-entitlement / eligibility work reviews for beneficiaries with mental and developmental disabilities (see related articles in this newsletter).

We have also scheduled an upcoming visit from a member of the South Australia Legislative Council. Look to our next e-newsletter for more information about this exciting event.

Through networking activities at the Bayview PHC, we have been invited to speak at a training session for staff members of The Riley Center, which provides services for survivors of domestic violence.

Our next seminar-webinar will address equal access to health care services for the mentally impaired. Research has shown that patients with severe mental illness have a 13-30 year shorter life expectancy than that of the general population.⁴

We are very interested in hearing from consumers in particular about specific topics of interest on access to health care. Check our website for event updates or send us your email address to be added to our contact list for event notification.

PWDF is available for speaking arrangements and training sessions regarding reasonable accommodations, employment, housing and other issues regarding the mentally and/or developmentally disabled population. We have particular expertise in Social Security/SSDI and SSI disability post-entitlement / eligibility issues for beneficiaries with mental and developmental disabilities.

For inquiries about the education and public awareness program, please contact our Program Manager for Public Awareness and Education, April Banerjee at education@pwdf.org

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.