[real-eyes] o t ATTENTION SOCIAL SECURITY, SSDI AND SSI BENEFICIARIES!
- From: "jose" <crunch1@xxxxxxxxx>
- To: <real-eyes@xxxxxxxxxxxxx>
- Date: Tue, 2 Dec 2008 06:31:30 -0600
this just in from the a c b Braille forum.
ATTENTION SOCIAL SECURITY, SSDI AND SSI BENEFICIARIES!
by Melanie Brunson
On Thursday, Sept. 11, 2008, Judge William Alsup of the U.S.
District Court for the Northern District of California granted class
certification in a disability rights action in which plaintiffs argue that the
Social Security Administration (SSA) fails to provide its communications 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 and the U.S. Constitution.
This order came in a lawsuit filed against SSA in federal court in
2005 by the American
Council of the Blind and 10 individuals who are blind or have visual
impairments. The complaint alleged that SSA's failure to provide notices and
other correspondence in formats such as braille, large print and audio tape,
which people who have visual impairments can read, has resulted in numerous
individuals experiencing the loss of critical subsistence benefits, privacy and
dignity.
Certification of this class action is a significant victory for
blind Social Security beneficiaries, as well as any individuals who have visual
impairments and who act as representative payees for other beneficiaries. What
follows is the text of the Notice of Class Action, which we are attempting to
circulate as widely as possible. If you are interested in obtaining more
information about this action, please feel free to contact the attorneys using
the information included in the notice. You can also request copies of the
notice in alternate formats to share with other blind or visually impaired
beneficiaries who might wish to know more about the case, or intervene in it.
Please feel free to help us spread the word!
October 2008
Notice of Class Action
This notice contains important information for you:
IF You apply for or receive retirement, survivors, or disability insurance
benefits or Supplemental Social Security Income (SSI) payments from Social
Security;
OR IF You are the representative payee for an individual who receives Social
Security benefits or SSI;
AND You have a visual impairment that substantially limits your ability to see,
so that you require materials to be in an accessible format in order to
participate in these programs.
A federal court has authorized a class action lawsuit against the Social
Security Administration (SSA) on behalf of people with visual impairments who
require communications from SSA to be in an accessible format in order to
participate in the Social Security or SSI programs. The court has authorized
two classes: If you have a visual impairment that substantially limits the
major life activity of seeing and you (1) apply for or are receiving Social
Security or SSI benefits, or (2) are the representative payee for a Social
Security beneficiary or SSI recipient, then you are a member of at least one of
the two classes. This means that the court's decision in this case may affect
your rights. The case, called American Council of the Blind v. Astrue, No.
C05-04696, is pending in the federal district court in San Francisco, Calif.
The plaintiffs are asking the court to find that SSA has violated a
federal law called the Rehabilitation Act. The Rehabilitation Act says
disabled individuals cannot be denied meaningful access to federal programs and
benefits. Plaintiffs, who include the American Council of the Blind, are
asking the court to order SSA to provide communications in alternative formats
such as braille, large print, electronic mail, computer disk, and audio
recording to make sure that people with visual impairments have meaningful
access to SSA's programs. This case does not include any claims for money
damages.
This notice tells you about your right to intervene in this case,
submit comments, and how to contact plaintiffs' class counsel. You do not have
to intervene or take any action in response to this notice in order to be
included in the class or affected by the outcome of the case. If you want to
intervene or have questions about this case, you should contact class counsel
listed below at either the toll-free 800 number or the e-mail provided at the
end of this notice by Dec. 31, 2008.
The court would like maximum input from the class members. The same number and
e-mail may be used to provide class counsel with suggestions about how SSA can
effectively communicate with people who have visual impairments. You should
give class counsel your comments by Dec. 31, 2008.
Please do not telephone the court, the court clerk's office, or SSA
for information about this case. If you require this notice in an alternative
format such as braille, large font print, audio recording or computer disk,
please leave your name, request and delivery address at the number or e-mail
listed below.
Arlene B. Mayerson
Silvia Yee
Disability Rights Education and Defense Fund, Inc. (DREDF)
Telephone: 1-800-348-4232
E-Mail: ssaclassaction@xxxxxxxxx
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