 |
NEWS | |
|
Add me to PWDF's newsletter list Archived Newsletters Winter 2011 Press Releases and AnnouncementsFederal Judge Stays (Holds) Litigation Until December 23, 2011. SSA “finally” Starts a Self-Evaluation to Determine if They Discriminate Based on DisabilitySAN FRANCISCO, CA - August 23rd, 2011 - In our discrimination lawsuits against the Social Security Administration (SSA), Davis v. Astrue and Doe v. Astrue (Case Nos. 6-6108 EMC and 9-980 EMC), Hon. Edward M. Chen ordered a stay of litigation until December 23, 2011. SSA had requested the Court to halt the lawsuits based on its self-evaluation of itself as to all disabilities in determining what reasonable accommodations are required, if any. Plaintiffs stated they want equal program access through EFFECTIVE COMMUNICATION for people with mental and/or developmental disabilities. Judge Chen found SSA must show evidence that their evaluation covers this population and provide them with equal program access for SSI and SSDI disability programs. Moreover, Judge Chen denied SSA’s Motion for Partial Judgment on the Pleadings whereby SSA attempted to have Plaintiffs’ claims dismissed. At PWDF, we hope to rectify discrimination by filing lawsuits such as this and by raising public awareness of the challenges to independent living and working faced by people with psychiatric and/or developmental disabilities.# # # Contact: Peter Meadow, Deputy Director PWDF FILES MOTION FOR PARTIAL SUMMARY JUDGMENT ON TWO DISCRIMINATION COMPLAINTS BASED ON MENTAL/DEVELOPMENTAL DISABILITIES AGAINST THE SOCIAL SECURITY ADMINISTRATION (SSA) SAN FRANCISCO, CA - October 19, 2010 - Hon. Marilyn Hall Patel, federal district court judge, will hear oral arguments from the parties on November 1, 2010, at 2 p.m. in Courtroom 15 at 450 Golden Gate Avenue, S.F., CA. Plaintiffs Davis has schizophrenia, and Doe is developmentally disabled, including cognitively, with anxiety and ADD "depression". The cases are Doe v. Astrue, No. C 09-980 MHP, and Davis v. Astrue, No. C 06-6108 MHP.
1. Plaintiffs’ Motion for Partial Summary Judgment # # # FEDERAL JUDGE ORDERS TWO DISCRIMINATION COMPLAINTS BASED ON MENTAL/DEVELOPMENTAL DISABILITIES AGAINST THE SOCIAL SECURITY ADMINISTRATION (SSA) BE CONSOLIDATED SAN FRANCISCO, CA , September 18, 2009 , Hon. Marilyn Hall Patel, federal district court judge, has ruled that two cases filed against the SSA alleging that they discriminated against people with schizophrenia (mental) and autism (developmental) disabilities are consolidated for discovery before trial. People With Disabilities Foundation (PWDF) filed the two complaints against SSA for pattern and practice discrimination against Social Security disability beneficiaries based on their invisible disabilities. The cases are, Doe v. Astrue, No. C 09-980 MHP, and Davis v. Astrue, No. C 06-6108 MHP. Judge Patel's Order makes it clear that Plaintiff John Doe has demonstrated sufficient grounds under Section 504 of the Rehabilitation Act of 1973 (Section 504) to move forward. She ruled that SSA's methods of administration, not Doe's personal benefits, are at issue. The court allowed PWDF to amend Doe's complaint to further specify how SSA has violated Doe's right to Due Process under the Fifth Amendment of the Constitution. (First Amended Complaint) PWDF is considering filing additional complaints for Plaintiffs (people with mental and/or developmental disabilities) who experienced similar discrimination in SSA's work review procedures. If you feel that you have been subject to discrimination in your Social Security disability work review(s) and have a mental and/or a developmental disability, please email ahsia@pwdf.org for evaluation. PWDF cannot represent every individual or guarantee results. Those residing outside of the Northern District of California are welcome to inquire about being a possible Plaintiff; however, at this time, we are unlikely able to offer representation due to limited resources. We always welcome sharing personal stories. About PWDF: People With Disabilities Foundation was incorporated in March 2000 and began operations in June 2000. It is governed by a Board of Directors and administered by an Executive Director. This operating Foundation also represents disabled individuals in hearings and appeals to the Social Security Administration, ADA issues, and other cases. In addition, it has produced seminars, equal employment opportunity (EEO) training, videos and/or audio CDs on benefits, employment, Social Security Disability work incentive programs, and housing issues for people with psychiatric and/or developmental disabilities. # # # TWO COMPLAINTS FILED AGAINST SOCIAL SECURITY ADMINISTRATION (SSA) FOR DISCRIMINATION BASED ON MENTAL/INVISIBLE DISABILITIES SAN FRANCISCO, CA , March 9, 2009 , People With Disabilities Foundation (PWDF) filed a complaint against the Social Security Administration (SSA) for discrimination against mentally disabled Social Security beneficiaries in the United States District Court in the Northern District of California. Doe v. Astrue, Case No. 09-cv-980. The Plaintiff, John, has been diagnosed as having autism with psychotic features, seizures, and generalized anxiety disorder, as well as other impairments. In the complaint, we allege that SSA's policies and procedures for work disability reviews create barriers against people with mental/invisible disabilities, in violation of Section 504 of the Rehabilitation Act of 1973. In particular, confusing and frequent SSA notices caused John to have persistent hallucinations that SSA ,is coming to get him., As a result of his cognitive and other mental impairments, he was extremely fearful of being terminated from his monthly benefits, which provide him with the ability to live independently and receive needed medical treatment for his various conditions. We alleged that SSA has done little to equalize treatment for this population and ask that their employees receive training on mental disabilities, etc. in an effort to end discrimination. In a companion case, Davis v. Astrue, PWDF alleges substantially the same discriminatory actions applied by SSA. It can be seen here. PWDF is considering filing additional complaints for people with mental and/or developmental disabilities who experienced similar discrimination in SSA's work review procedures. If you feel that you have been subject to discrimination in your Social Security disability work review(s) on the basis of a mental and/or a developmental disability, please email us for evaluation. PWDF cannot represent every individual or guarantee results. For those residing outside of the Northern District of California, we are unlikely able to offer representation due to limited resources. About PWDF: People With Disabilities Foundation was incorporated in March 2000 and began operations in June 2000. It is governed by a Board of Directors and administered by an Executive Director. This operating Foundation also represents disabled individuals in hearings and appeals to the Social Security Administration, ADA issues, and other cases. In addition, it has produced seminars, equal employment opportunity (EEO) training, videos and/or audio CDs on benefits, employment, Social Security Disability work incentive programs, and housing issues for people with psychiatric and/or developmental disabilities. # # # Contact: People With Disabilities Foundation PWDF RECEIVES $50,000 DONATION FOR PWDF 2009 VIDEO DISTRIBUTION CAMPAIGN SAN FRANCISCO, CA January 29, 2009 PWDF is pleased to announce we have received a $50,000 donation on behalf of our 2009 Video Distribution Campaign. This donation will enable the free distribution of hundreds of sets of our training videos: Understanding Employees and Job Applicants with Psychiatric Disabilities© (2008), and Accommodating Employees and Job Applicants with Psychiatric Disabilities© (2006). Each video comes with a corresponding workbook designed to increase learning retention. Please click on the title of each video for more information. As People With Disabilities Foundation is a small non-profit organization with limited resources, we need to cover our production and related expenses incurred in producing our training videos, and therefore can only distribute videos free of charge to organizations that are able to demonstrate the mechanism to participate in PWDF's requirement for broad and diverse distribution to consumers. Also, in order to demonstrate financial need and request free copies of PWDF's employment video series, please submit a brief 'statement of Need, to education@pwdf.org with the subject line ,2009 PWDF Giveaway Campaign., The statement of need should be one page or less, and contain the following information: 1. Agency/Organization name and type (e.g., ,United Services, non-profit 501(c)(3) organization); We are still actively seeking donations and grants for the PWDF 2009 Video Distribution Campaign in hopes of reaching our goal of $75,000. To see more details on the campaign and how to donate, please click the following link to view the original press release: 2009 Video Distribution Campaign. About PWDF: People With Disabilities Foundation was incorporated in March 2000 and began operations in June 2000. It is governed by a Board of Directors and administered by an Executive Director. This operating Foundation also represents disabled individuals in hearings and appeals to the Social Security Administration, ADA issues, and other cases. In addition, it has produced seminars, equal employment opportunity (EEO) training, videos and/or audio CDs on benefits, employment, Social Security Disability work incentive programs, and housing issues for people with psychiatric and/or developmental disabilities. # # # Contact: People With Disabilities Foundation PWDF ANNOUNCES REQUEST FOR GRANTS AND DONATIONS FOR FREE DISTRIBUTION OF PWDF'S EQUAL OPPORTUNITY EMPLOYMENT TRAINING VIDEOS SAN FRANCISCO, CA , December 18, 2008 , Consistent with PWDF's policy for broad and diverse distribution of our educational materials, and without interfering with PWDF's distributors, contracts, PWDF announces a new campaign for free dissemination of our two videos: Understanding Employees and Job Applicants with Psychiatric Disabilities and Accommodating Employees and Job Applicants with Psychiatric Disabilities in the Workplace, to consumer and other groups or associations that cannot afford to purchase them. This policy is in addition to our longstanding policy of providing materials or services for free or by a sliding scale to ,needy, people[1]. To contribute[2], please send your tax deductible donation to the following address, stating it is to be used for to PWDF 2009 Video Distribution Campaign,: People With Disabilities Foundation For questions please contact PWDF at (415) 931-3070, or via email at Education@PWDF.org. 1 Only groups are eligible as individuals do not necessarily lead to wide distribution. 2 $75,000 would provide for distribution of approximately 400 of each of PWDF's two videos. # # #
Contact: Annie Hsia, Program Manager for Advocacy People With Disabilities Foundation Phone: 415-931-3070 Email: ahsia@pwdf.org SOCIAL SECURITY ADMINSITRATION (SSA) AGREES TO DISCUSS PLAINTIFFS’ OFFER OF SETTLEMENT IN CLASS ACTION COMPLAINT AGAINST SSA FOR DISCRIMINATION BASED ON MENTAL/INVISIBLE DISABILITIES SAN FRANCISCO, CA – September 2, 2008 – People With Disabilities Foundation (PWDF) filed a class action law suit against the Social Security Administration (SSA) for systemic discrimination against mentally disabled Social Security beneficiaries in the United States District Court of the Northern District of California. On July 15, 2008, Plaintiffs, as Social Security disability beneficiaries with mental/invisible disabilities, offered a proposed settlement to Defendant (SSA). SSA and PWDF have agreed to suspend further litigation in furtherance of a settlement offer. In the complaint, we allege that SSA’s policies and procedures for work disability reviews create barriers against people with mental/invisible disabilities, in violation of Section 504 of the Rehabilitation Act of 1973. This often results in terminations of benefits due to those individuals without allowing them the same protections afforded to people with physical disabilities, and large overpayments are also assessed, too often creating severe anxiety, panic attacks, etc. PWDF is a San Francisco-based, nonprofit organization, dedicated to providing education and advocacy for people with psychiatric and physical disabilities. Section 504 of the Rehabilitation Act of 1973 specifically provides that “[n]o otherwise qualified individual with a disability in the United States... shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or activity conducted by any Executive agency[.]” About PWDF: People With Disabilities Foundation was incorporated in March 2000 and began operations in June 2000. It is governed by a Board of Directors and administered by an Executive Director. This operating Foundation also represents disabled individuals in hearings and appeals to the Social Security Administration, ADA issues, and other cases. In addition, it has produced seminars, equal employment opportunity (EEO) training, videos and/or audio CDs on benefits, employment, Social Security Disability work incentive programs, and housing issues for people with psychiatric and/or developmental disabilities. # # #
Contact: PEOPLE WITH DISABILITIES FOUNDATION (PWDF) ANNOUNCES PREMIERE SHOWING OF NEW VIDEO SAN FRANCISCO, Calif. – April 15, 2008– People With Disabilities Foundation, a San Francisco-based, non-profit organization, will host a premiere of its new 30 minute training video: Understanding Employees and Job Applicants with Psychiatric Disabilities. The premiere is open to the public. It will be held from 4:00 p.m. to 6:00 p.m. on Tuesday, June 3, 2008 in Room 109 at the Mission Campus of City College of San Francisco, 1125 Valencia Street, San Francisco. Please RSVP by emailing education@pwdf.org. Psychiatric disability is a hidden issue that affects every workplace today. In this public awareness video, PWDF features real people and their employers in real situations that reflect how employers can successfully employ people with psychological disorders. The video focuses on the nature of mental disabilities including Bipolar, Post-Traumatic Stress Disorder (PTSD), Schizophrenia and Obsessive Compulsive Disorder (OCD). This video is designed for the general public, employers, employees and agencies or individuals who need to know and understand the nature of these disorders. About PWDF : People With Disabilities Foundation was incorporated in March 2000 and began operations in June 2000. It is governed by a Board of Directors and administered by Executive Director, Steven Bruce, Esq. The Foundation also represents disabled individuals in cases before and against the Social Security Administration and other cases under the ADA and Section 504 of the Rehabilitation Act of 1973. In addition, it has produced seminars, training, videotapes and/or audio CDs on housing issues for people with psychiatric or developmental disabilities, as well as on Social Security Disability work incentive programs. This training video will provide basic information for both employers and employees, illustrated in vignettes showing work situations of actual employees with different mental disorders and different work issues. # # #
Contact: FEDERAL JUDGE ALLOWS CLASS ACTION COMPLAINT AGAINST THE SOCIAL SECURITY ADMINSITRATION (SSA) FOR DISCRIMINATION BASED ON MENTAL/INVISIBLE DISABILITIES TO PROCEED SAN FRANCISCO, CA – January 4, 2008 – People With Disabilities Foundation (PWDF) filed a class action lawsuit against the Social Security Administration (SSA) for systemic discrimination against mentally disabled Social Security beneficiaries in the United States District Court of the Northern District of California. In our complaint, we allege that SSA applies their internal procedures to allow terminations of benefits checks and Medicare due to those individuals without allowing them the same protections afforded to people with physical disabilities. This often results in stopping benefits without hearings before judges, including those who cannot afford the ordinary necessities of life: food, shelter, medication, and clothing. Amended Class Action Complaint against the Social Security Administration. PWDF is a San Francisco-based, nonprofit organization, dedicated to providing education and advocacy for people with psychiatric and physical disabilities. Section 504 of the Rehabilitation Act of 1973 specifically provides that “[n]o otherwise qualified individual with a disability in the United States... shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or activity conducted by any Executive agency[.]” About PWDF: People With Disabilities Foundation was incorporated in March 2000 and began operations in June 2000. It is governed by a Board of Directors and administered by an Executive Director. This operating Foundation also represents disabled individuals in hearings and appeals to the Social Security Administration, ADA, and other cases. In addition, it has produced seminars, training, videotapes and/or audio CDs on housing issues for people with psychiatric or developmental disabilities, as well as on Social Security Disability work incentive programs. # # # Contact: SAN FRANCISCO, Calif. – September 18, 2006– People With Disabilities Foundation, a San Francisco-based, non-profit organization, dedicated to providing education and advocacy for people with psychiatric and physical disabilities, is asking for people who have been diagnosed with any major mental disorder, including Post-Traumatic Stress Disorder, Bipolar, Anxiety, Major Depressive Disorder, or Schizophrenia, etc., to share their work stories with us for an upcoming 25-minute training video. If you have had job-related issues including successful resolutions pertaining to confidentiality, reasonable accommodation, absenteeism, disciplinary action, or other important issues, and if you are interested in being a part of this PWDF video training project, please contact Yuka Ishikawa, Program Manager for Education and Public Awareness, at (415) 931-3070 or yishikawa@pwdf.org. (For details see below). This training video will provide basic information for both employers and employees, illustrated in vignettes showing work situations of actual employees with different mental disorders and different work issues. For a sample preview, go to: http://www.pwdf.org/media/video_accommodating.html. It will be publicly distributed, and your consent will be necessary. PWDF expectations for actual employees or job applicants for the video include:
The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination in employment against people with physical or mental disabilities. Steven Bruce, Executive Director of People With Disabilities Foundation, said: “Our goal is to provide guidance to employers nationwide on ways to accommodate people with psychiatric disabilities. With input from both the legal and mental health communities, the video incorporates complex laws and psychological diagnoses in an easy-to-understand video with scenarios used to demonstrate common disorders accommodated in the workplace.” About PWDF : People With Disabilities Foundation was incorporated in March 2000 and began operations in June 2000. It is governed by a Board of Directors and administered by Executive Director, Steven Bruce, Esq. The Foundation also represents disabled individuals in appeals to the Social Security Administration and other cases. In addition, it has produced seminars, training, videotapes and/or audio CDs on housing issues for people with psychiatric or developmental disabilities, as well as on Social Security Disability work incentive programs. # # # Contact: Yuka Ishikawa, Program Manager People With Disabilities Foundation $60,000 GRANT AWARDED TO PEOPLE WITH DISABILITIES FOUNDATION (PWDF) FOR EXPANDING SERVICES TO ABUSED DISABLED CHILDREN SAN FRANCISCO, Calif. – September 10, 2006– People With Disabilities Foundation, a San Francisco-based, non-profit organization, dedicated to providing education and advocacy for people with psychiatric and physical disabilities, announces that it has been awarded a $60,000 grant by the Martin Bruce Charitable Remainder Trust. PWDF will use this grant to develop preventative education programs to protect abused and disabled children under the age of 18. “Our current caseload includes disabled children who have been victimized by physical, sexual, and emotional abuse. Because studies indicate that many abused children were disabled before the onset of such abuse, we will focus our education efforts on children at this crucial juncture,” said Yuka Ishikawa, PWDF’s Program Manager for Education and Public Awareness. Steven Bruce, Executive Director of PWDF, also stated “Education will form the cornerstone of this expansion of our services to disabled and abused children. We are also exploring methods of providing more legal support to this vulnerable population.” # # # Contact: Yuka Ishikawa, Program Manager People With Disabilities Foundation PEOPLE WITH DISABILITIES FOUNDATION (PWDF) SIGNS CONTRACT WITH PRODUCTION COMPANY FOR A NEW TRAINING VIDEO —Explains the nature of common psychiatric disabilities in both technical and practical terms, suggests appropriate accommodations, and clarifies ADA-related issues — SAN FRANCISCO, Calif. – September 10, 2006 People With Disabilities Foundation, a San Francisco-based, non-profit organization, providing education and advocacy for people with psychiatric and physical disabilities, undertakes a new production of a 25-minute training video whose working title is “Understanding Employees And Job Applicants With Psychiatric Disabilities In The Workplace." --------------------------------- According to the 2003 report of the U.S. President’s New Freedom Commission on Mental Health, “23% of Northern American adults suffer from a clinically diagnosable mental illness in a given year, but less than half of them will suffer symptoms severe enough to disrupt their daily functioning.” ------------------------ The video will address and attempt to eliminate the barriers that employees and employers encounter when a psychiatric disability is an issue in the workplace, thereby ensuring equal opportunities to people who are often stigmatized in our society. The training video provides basic information for not only Human Resources managers, vocational rehabilitation agencies and community-based organizations, but also consumers to promote better understanding of the issues. ------------------------ PWDF files two Petitions in the United States Supreme Court alleging
that the Social Security Administration violated the Due Process
Clause of the Fifth Amendment of the Constitution.. |
||
