Psychiatric Service Animal Seminar

COMMUNITY CURRENTS

No Care, No Rights, No Home: The Mentally Ill on ICE

By Ross Pudaloff, Contributing Writer

The immigrant and the mentally-ill person share much. Each has trouble understanding and being understood in a world that the majority takes for granted. Neither speaks the language, literally and otherwise, of the dominant culture. Even worse, both are often regarded by members of the majority as threats (personal, economic, social, cultural, and political). Moreover, both the immigrant and the person with mental illness typically lack coping skills and knowledge to defend themselves and what limited rights we might acknowledge that they possess. They are alien to the rest of us and we treat them that way.

Imagine, then, the plight of an immigrant who suffers from mental health problems. How can he or she navigate a nearly incomprehensible world in order to get the help he or she needs? Even worse, consider the immense added difficulties if he or she is detained and subject to deportation by Immigration and Customs Enforcement (ICE). Detainment, pending deportation, is a bad enough situation for anyone, but a worse one for those facing barriers based on mental health issues. What happens to those with mental health problems while in custody of ICE would appall most ordinary folk, even those hostile to undocumented immigrants and otherwise uncaring about the mentally ill. Instead of receiving something that resembles a reasonable level of diagnosis and care, the immigrants in question often suffer neglect and, in many cases, what can only be described as abuse.

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COUNSEL'S CORNER

Connection Between Psychiatric Disorders, Drug/Alcohol Use, and Access to Social Security Disability Benefits

By Zoya Yarnykh, Staff Attorney and Steven Bruce, Legal Director

In the Social Security disability process (this includes SSI disability), there is a concept known as DA&A materiality. The DA&A part stands for drug and alcohol addiction. Social Security takes this into consideration in the following manner: If a claimant has a physical impairment or mental condition for which s/he is filing and it can be shown that, minus the effects of that person’s drug or alcohol use, the condition(s) would not be disabling, the claimant would be denied benefits. The burden to prove materiality in some states (CA, AZ, NV & HI), is on the claimant who must prove that a disabling condition would exist in the absence of drug and/or alcohol use.

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PWDF NEWS: PROGRAM UPDATES

Advocacy Update

As of June 30, 2011:

In our discrimination lawsuits against the Social Security Administration (SSA), Davis v. Astrue and Doe v. Astrue (case nos. 6-6108 MHP and 9-980 MHP), Hon. Edward M. Chen is assigned to the cases since Judge Marilyn Hall Patel retired. Settlement conference discussions fell through and Plaintiffs’ are aggressively continuing discovery and seeking a trial date.

It remains PWDF’s position that SSA notices and other "methods of administration" discriminate against people with psychiatric and/or developmental disabilities in violation of Section 504 of the Rehabilitation Act of 1973 and the Due Process Clause of the Fifth Amendment. Specifically, we are challenging SSA’s process relating to continuing disability work reviews and SSI eligibility redeterminations based on work.

In addition, we allege that SSA has inadequate or no training for Claims Representatives (CRs) or other staff to conduct work reviews for beneficiaries with psychiatric and/or developmental disabilities. SSA fails to train CRs to understand components of psychiatric and/or developmental disorders and the effect(s) of antipsychotic medications or other treatments for these disorders. Moreover, the numerous and complicated written notices SSA regularly mails are confusing and potentially harmful to persons with psychiatric and/or developmental disabilities.

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.

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

Education Update

By Daniel Michael, Deputy Director

Psychiatric Service Animal Seminar A Success!

On June 15th, 2011, PWDF conducted its 10th seminar: Psychiatric Service Animals: Current Law, Experiences & Visions of Hope to a sold out crowd at Golden Gate University School of Law. Captain Luis Carlos Montalván made an inspiring talk about his experiences with PTSD and service animal related discrimination. Sarah Kraemer Isaacs, Staff Attorney at People with Disabilities Foundation, conducted an in-depth presentation on current legal protections for people with psychiatric and emotional support animals. David M. Levin, Staff Attorney at Bay Area Legal Aid, spoke about both a support animal and housing related court case. Finally, Veronica Morris, PhD., had an engaging discussion around the methods, therapeutic approaches and effectiveness of psychiatric service animals. Later, all four speakers joined a panel for a lively Q and A. We plan to have all handouts and slides available on the PWDF website soon.

IN THE SPOTLIGHT

Working to Improve SF Police Response to Critical Incidents

By Daniel Michael, Deputy Director

People With Disabilities Foundation has been actively involved in the San Francisco CIT (Critical Incident Training) Working Group. This group has representatives from SF NAMI, Mental Health Association, SF City Behavioral Health, Westside Crisis, San Francisco General Hospital Psychiatric Emergency, Mobile Crisis and other mental health stakeholders. The group’s goal is to redesign the training offered to San Francisco police officers and to improve the response to critical incidents that involve people with psychiatric disabilities. Elements of the Memphis model will be incorporated so that officers will make appropriate decisions regarding intervention

The Crisis Intervention Team (CIT) program is a community partnership working with mental health consumers and family members.

Next E-Newsletter: The second installment in PWDF’s continuing coverage of relations between law enforcement and people with mental disabilities.

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.