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Sat May 17 06:07:50 CDT 2008
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----- Original Message -----=20
From: cjohnmurph at gmail.com=20
To: bct at lists.blind-planet.com=20
Sent: Sunday, May 25, 2008 10:17 PM
Subject: here's a bit of interesting information.
Hi all, here's a bit of interesting info i came across in an email a =
while ago. I know it isn't related to technology, but forthoes of us =
getting social sicurity it plays a big role.
=20
FOR IMMEDIATE RELEASE
For more information, contact:
Julia Epstein, Disability Rights Education & Defense Fund, (510)
644-2555 (x. 241), jepstein at dredf.org
Wondie Russell, Heller Ehrman LLP, (415) 772-6294,
wondie.russell at hellerehrman.com Ron Milliman, American Council of the
Blind, rmilliman at insightbb.com
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
requires 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.
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=20
Christopher Murphy
To send me an email send it to: cjohnmurph at wdjm3.com
If you're looking for a great way to spend a wednesday night
Then why not chekc out the djd invasion where you'll go on a trip around =
the world!
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