Judge Rules Social Security Administration Must Accommodate Blind Beneficiaries

San Francisco, CA - April 24, 2008 On Wednesday, April 23, 2008, Judge William Alsup of the US District Court for the Northern District of California ruled that the US Social Security Administration (SSA) must accommodate the real and legitimate needs of people with visual impairments who receive benefits from SSA. The agency is required under the Rehabilitation Act and the due process clause, the ruling states, to provide communications in formats that are accessible to these 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 Oregon Advocacy Center, and the National Senior Citizens Law Center.