Social Security Administration Agrees to Unprecedented Settlement re Discrimination Against Mentally/Developmentally Disabled Individuals

Excerpt from People with Disabilities Foundation: (click for entire article)

People with Disabilities Foundation (PWDF) has reached an unprecedented settlement with the Social Security Administration (SSA) in two cases alleging discrimination against mentally/developmentally disabled individuals, under Section 504 of the Rehabilitation Act of 1973 (Section 504) which, unlike the ADA, applies to federal agencies; Terrence Davis v. Michael Astrue, Case No. 3:06-CV-6108 EMC (NC) and John Doe v. Michael Astrue, Case No. 3:09-CV-980 EMC (NC). After 5 years of litigation the parties have filed a final settlement agreement in U.S. District Court, now awaiting final approval from Hon. Edward M. Chen.
 
Plaintiffs Davis and Doe argued that the SSA continually, over the course of many years, discriminated against them by failing to effectively communicate regarding complex SSA rules. Both clients had their social security benefits terminated and or reduced to zero, but were not informed in a manner in which they could understand and respond, due to their psychiatric and/or developmental disabilities. Their impairments include chronic schizophrenia, cognitive and intellectual challenges, severe anxiety, depression, autism and functional illiteracy.

Comments

[Harvey Curry]

The Social Security Administration states that I am not eligible to setup a Special Needs Trust with my financial resources. (SI 01120.200)
Congress created the rules limiting trusts for SSI purposes. It created "safe harbors" permitting you to place money into two types of trusts for your benefit.
The "safe harbors" apply to "Supplemental Needs Trusts" established by grandparent or court for the benefit of a disabled person under 65.
Pooled Trusts established by non-profit associations under Section 1917(d)the Social Security Act and Miller Trusts established in "income-cap" statesunder Section 19179d)(4)(B) of the Social Security Act.
Pooled Trusts(Non-Profit Association):
Under the pool trust exception the individual trust account must be established for the sole benefit of the disabled individual.
Who Established the Trust Account:
To qualify for the pooled trust exception, account in the trust must have been established by the disabled individual's:
1.Parents
2.Grandparents
3.Legal Guardian
4.The Court
5.The Disabled Individual Himself/Herself
Claims analyst do not follow POMS-Section SI 00601.060-Provide necessary and appropriate information and assistance to ensure that each individual receives all benefits for which he/she is eligible.The social Security Administration was not named as a creator/originator of any SSI legislation or program rules."SSI" Spotlights are to be used as interviewing or public information tool to help explain SSI policies I did not receive a copy of "SSI" Spotlights and was provided partial information to make an informed decision.I am appalled at the carelessness and rude attitude exhibited by the Social Security Claims Analyst. See: www.brulee46.blogspot.com: Contact- Email-Rollover6@hotmail.com & Postal Mail: 8455 Bucroft St Apt A Houston, Texas 77029-4038-Harvey Curry

[Patricia Dudek]

WOW - sorry to hear about your bad experience, but honestly not surprised! I hope you have someone assisting you in the appeal! Please keep us posted.