[blindlaw] Format Question

[McCarthy, Jim]

When doing some other review of the Social Security Act, I noticed that
there are provisions requiring special treatment of notices blind
recipients of Social Security Disability Insurance and Supplemental
Security Income receive from the agency.  The provisions seem to permit
the poor notice the agency provides.  Right now the agency will not
provide Braille notices, but they can read notices by phone, notify a
recipient by sending the notice as a certified letter or something else.
All of these have substantial challenges if we assume the goal is to
actually provide notice.  I am sure though that the agency will probably
say it is following statutory authority.  It will be interesting to see
how the court thinks that stacks up to any Section 504 requirements on
the point.  My personal feeling is that if the SSA does not have to send
accessible format information, no government entity will have to do so
and I also think that would make a pretty strong argument that private
entities such as banks or credit card issuers do not either.  I think,
therefore, that this is a pretty important case.
Jim McCarthy

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
On Behalf Of b75205 at gmail.com
Sent: Monday, December 08, 2008 6:07 AM
To: ckrugman at sbcglobal.net; blindlaw at nfbnet.org
Subject: Re: [blindlaw] Format Question

Actually the case is in court right now, it is the American Council for
the Blind versus the Social Security Adminstration. Charles I suggested
my format for the SSA forms but the lawyers did not want to get into
that and they are going for daisy and audio format and other types of
technologies.  
I think it is the Oregon Disability Rights group but it is being fought
out in California.

James Pepper


On Dec 8, 2008 1:40am, ckrugman at sbcglobal.net wrote:
> Its interesting because I recall many years ago that SSA used to say 
> that
materials were available in Braille and people could receive
communications from them in Braille. This was back in the 60's when I
was growing up. I'm not sure what the extent of this was or if or when
it was discontinued.
>
>
> Chuck
>
>
> ----- Original Message ----- From: "Kathleen Hagen" khagen12 at q.com>
>
>
> To: "NFBnet Blind Law Mailing List" blindlaw at nfbnet.org>
>
>
> Sent: Sunday, December 07, 2008 1:24 PM
>
>
> Subject: Re: [blindlaw] Format Question
>
>
>
>
>
>
>
>
>
>
> John, There is a certified class for blind social security recipients 
> in
which they are suing the SSA for accessible documents. That does not
mean that SSA is providing alternative formats for consumer's materials
yet. And they probably won't for some time while they spend the
taxpayers' money figuring out how to avoid it. They do hire blind people
and they provide general materials in braille at least. But your friend
shouldn't expect to see her consumer-related material in alternative
format any time soon.
>
>
> Kathy Hagen
>
>
> ----- Original Message ----- From: "John " joramsey at cox.net>
>
>
> To: "'NFBnet Blind Law Mailing List'" blindlaw at nfbnet.org>
>
>
> Sent: Sunday, December 07, 2008 11:09 AM
>
>
> Subject: [blindlaw] Format Question
>
>
>
>
>
>
>
>
>
>
> Hello All,
>
>
> i am on another NFB list and an individual seems to be under the
impression
>
>
> that the Social Security Administration is violating her rights
because  
she
>
>
> received the cost of living increase letter in the same format that  
everyone
>
>
> else receives the notice. Apparently this is just a standard letter in
a
>
>
> standard envelope. I am personally not aware of any law that requires
an
>
>
> entity to send "accessible" letters to everyone that might have a
visual
>
>
> disability. If this is the law, can someone point me to the section of
the
>
>
> CFR that contains such a requirement?
>
>
> Cordially,
>
>
> John
>
>
>
>
>
>
>
>
> John A. Ramsey Jr., Esq.
>
>
>
>
>
> Gainesville, FL 32609
>
>
>
>
>
> Phone: (352) 505-6642
>
>
>
>
>
>
>
>
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