[blindlaw] Social Security Told to Modernize for the Blind

[David Andrews]

Subject: Social Security told to modernize for the blind

Social Security told to modernize for the blind

Bob Egelko, Chronicle Staff Writer

Tuesday, October 20, 2009

(10-20) 17:17 PDT SAN FRANCISCO -- The Social Security Administration
must
give the nation's 3 million blind or visually impaired recipients the
option
of receiving benefit notices in braille or by audio computer disc, a
federal
judge in San Francisco said Tuesday.

Ruling in a nationwide class-action suit, U.S. District Judge William
Alsup
said that by sending notices only by mail and phone calls, the agency is
violating
a law that guarantees the disabled equal access to its programs. He
ordered
the government to make the additional choices available by April 15.

The case involves some of the 100 million notices the Social Security
Administration sends each year to its 61 million beneficiaries, advising
them of scheduled
appointments, program changes, tax filings and possible benefit cuts.

About 250,000 Americans receive benefits because of blindness, and
another
2.7 million blind or sight-impaired people get Social Security for other
reasons.

Under rules authorized by Congress in 1988 and 1990, they can choose to
be
notified of agency actions by mail, with a follow-up phone call, or by
certified
mail with a return receipt. Those who make no choice are contacted by
mail
without a phone call.

Alsup said the current system may have been effective 20 years ago, but
no
longer provides the "meaningful access" the law requires, in light of
advanced
technology.

Little evidence was presented that blind people had lost benefits
because of
inadequate notice, Alsup said, but the current system is ineffective for
at
least some recipients.

For example, he said, a blind person who needs to respond to a written
notice must wait until someone is available to read it aloud, and may
have
problems
meeting government deadlines.

Alsup said the Social Security Administration refused to acknowledge
that it
was even covered by the anti-discrimination law until after the suit was
filed
in 2005, and "has been quick to find lame excuses for noncompliance."

The agency must inform all blind and visually impaired recipients by
Dec. 31
that they will have the choice of getting notices in braille or by
Microsoft
Word CD in mid-April, Alsup said. He said those who want another option,
such as notification by e-mail, must be allowed to request it and show
why
they
need it.

"This is a huge benefit," said attorney Silvia Yee of the Disability
Rights
Education and Defense Fund in Berkeley, a lawyer for the plaintiffs. She
said
the ruling will allow many recipients "to have an independence in
working
with the (Social Security Administration) that they've never had
before."

Many sight-impaired recipients, particularly the young and those who
become
blind later in life, can't read braille, Yee said, "but for people who
do
read
braille, it's their first choice." She said the CD option would
particularly
help younger recipients.

Lowell Kepke, spokesman for the Social Security Administration's
regional
office in Richmond, said the agency "will review the order and take
whatever
actions
are appropriate."