FOR IMMEDIATE RELEASE
For more information, contact:
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
JUDGE RULES SOCIAL SECURITY ADMINISTRATION MUST ACCOMMODATE
BLIND 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.”
Plaintiff
attorneys argued successfully that the agency is subject to the jurisdiction of
Section 504 of the Rehabilitation Act of 1973, which 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."
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.
Attorneys for the plaintiffs include the Disability Rights
Education and Defense Fund, Heller Ehrman LLP, the
The
American Council of the Blind is the nation’s leading consumer-based advocacy
organization working on behalf of blind and visually impaired Americans and has
more than 70 state and special-interest affiliates throughout the United
States. The national office of the organization is located in
Founded in 1979 by people with
disabilities and parents of children with disabilities, the Disability Rights
Education and Defense Fund (DREDF) is a national law and policy center
dedicated to protecting and advancing the civil rights of people with
disabilities through legislation, litigation, advocacy, technical assistance,
and education and training of attorneys, advocates, persons with disabilities,
and parents of children with disabilities.
For more information, go to www.dredf.org.
Heller Ehrman LLP has more than 650 attorneys and professionals in 14 offices worldwide. Heller Ehrman is committed to a multidisciplinary approach to the practice of law, drawing upon legal, scientific and industry knowledge from across the firm to build the best legal teams for both corporate and pro bono clients. The firm’s core values are Excellence, People, Teamwork, Innovation, Community and One Firm. For many years, Heller Ehrman has been ranked among top firms in the nation for commitment to pro bono legal service by The American Lawyer and others. www.hellerehrman.com.
The
National Senior Citizens Law Center advocates nationwide to promote the
independence and well-being of low-income elderly individuals and persons with
disabilities. NSCLC provides technical
assistance and training to attorneys and other advocates and is active in
litigation and policy advocacy with a strong focus on income security and
health care. For more information, go to the organization’s website at www.nsclc.org.
The
Oregon Advocacy Center (OAC) is an independent non-profit organization which
provides legal advocacy services for people with disabilities anywhere in
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