In This Issue

NEWS FLASH
Blind and Visually Impaired SSA Recipients Win Major Legal Victory

American Council of the Blind v. US Social Security Administration —
Blind and Visually Impaired SSA Recipients Win Major Legal Victory

Dear Friends,

We won a major civil rights victory yesterday, October 20, 2009.

Judge William Alsup of the US District Court, Northern District of California in San Francisco, issued a judgment in favor of the American Council of the Blind (ACB) and two classes of 3,000,000 individuals with blindness and visual impairments.  The suit challenged the Social Security Administration’s (SSA) failure to provide its critical benefits communications to recipients in alternative formats that would enable people with visual impairments to have equal access to SSA programs as required by federal disability civil rights laws.

This ruling signals a major victory for the disability rights movement, and it sets a precedent for the obligations of other federal and state agencies to accommodate people who are blind or have visual impairments. The Social Security Administration (SSA) sends out 390 million notices and forms each year.  Plaintiffs won the right to receive communications in a format that is accessible to them, and Judge Alsup ruled that these formats, at a minimum, must include Braille and CD.

Not until the lawsuit was filed in 2005 did the Social Security Administration acknowledge that it was covered by anti-discrimination laws that protect people with disabilities. Judge Alsup observed in his ruling that the agency "has not given primary consideration to the requests of the blind and visually impaired for alternative formats."

Judge Alsup cited the hardships that the plaintiffs endured because SSA sent them critical notices in print that they could not read or respond to.  Examples cited by the court:

Mary Ann Alexander, of East Stroudsburg, PA, received SSA notices she couldn’t read about reductions in her daughter’s SSA benefits.  She ended up losing all benefits and suffering financial hardship for the 14 months it took to resolve the agency error and restore the benefits.

Arlene Doherty, of San Francisco, received an application from SSA to complete within 10 days or risk losing her benefits.  The application contained circled questions to answer, check marks where she was to sign, and instructions to initial any corrections.  SSA didn’t call to help her with this application, which she could not read or fill out.  When the agency suspended her benefits, she became destitute.  She was unaware that she could have applied for a hardship waiver.

SSA reduced Marvelena Quesada’s SSI benefits due to an overpayment that came about because, being unable to access the program rules, she did not realize she had to report blind work expenses.  During the several months it took to sort this out, Ms. Quesada could not buy necessities, including groceries, and had to borrow money and use credit, accumulating a significant amount of debt that was difficult to repay.

Arlene Mayerson, Directing Attorney for the Disability Rights Education and Defense Fund (DREDF), emphasized that providing alternative formats to blind and visually impaired individuals is a civil right to equal access analogous to providing ramps for wheelchair users.  She urged other agencies to take stock in light of the legal precedent established in the order.

Henry Su, a partner at Howrey LLP, DREDF’s co-counsel, stated, "we became involved with the case because the plaintiffs’ lack of access to critical information was egregious and unfair, especially given the range of assistive technologies and aids available and in wide use today.  We got to know the plaintiffs and as their personal stories illustrate, what should be routine management of their day-to-day affairs quickly turns into a complex and aggravating mess when they cannot access a simple but important printed letter."

"Blind people across the country have been trying for years to get SSA to send notices in a format we can read, and up until this ruling, we have been resoundingly ignored." commented American Council of the Blind President, Mitch Pomerantz.  "This is a great civil rights victory."

In addition to the Disability Rights Education and Defense Fund, attorneys for the plaintiffs included Howrey LLP; the National Senior Citizens Law Center; and Disability Rights Oregon (formerly the Oregon Advocacy Center).

© 2009

• Judge Alsup's Judgment

• Judge Alsup's Findings of Fact and Conclusions

• American Council of the Blind

• Howrey LLP

• National Senior Citizens Law Center

• Disability Rights Oregon (DRO)

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