[Nfbf-l] Social Security

Mon Dec 8 18:31:21 UTC 2008

I had read something about the social security correspondence issue 
earlier in the fall.

I believe that the basis of the class action was the belief that the Social
Security Administration, being a governmental entity, was not providing
documents in an accessible format for blind and visually impaired people
and it is believed that this is in violation of section 504 of the
Rehabilitation Act written in the 1970's and the legislation that led to
the A.D.A. Possibly the Disability Rights Websites may have more detail,
but this might be helpful.  I really think that an open mind should be kept
and put bitter feelings in another place.   SSA makes their agency and
publications accessible in Spanish, why not provide information in an
accessible format to those unable to read the low font print if they are
asked to provide an accessible format within a reasonable period of time. 
What is the difference between asking the bank to provide your account
statements in Braille or Large Print and asking the SSA to provide your 
account information in an accessible format?  I guess the bottom line here
is that you must advocate for yourself with a business or agency to
communicate your need and the business or agency needs to have a "yes, we
can" attitude when the question is asked.  I think as a reminder to all
there are still a lot of blind and visually impaired people in this
country, that, for whatever reason, do not have access to Braille Note
Takers, computers with screen readers, access to the Internet,  CCTV's,
etc.   I believe that this all started when Sheila commented that she
mistook a notice of the social security increase notice as "junk mail." 
The government is very guilty of making their correspondence look like that
in order "save" tax payer dollars.  The IRS did the same thing with notices
they sent this year regarding the "stimulus" checks.  The moral:  Be
careful what you discard or shred, it might be important. 
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, California.
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 email
provided at the end of this notice by December 31, 2008.

The court would like maximum input from the class members. The same
number
and email 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 December 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
email
listed below.
ARLENE B. MAYERSON
SILVIA YEE
DISABILITY RIGHTS EDUCATION
AND DEFENSE FUND, INC. (DREDF)
Telephone: 1-800-348-4232 
E-Mail: ssaclassaction at dredf.org

Judy
> [Original Message]
> From: David Anspach <danspach at tampabay.rr.com>
> To: NFB of Florida Listserv <nfbf-l at nfbnet.org>
> Date: 12/7/2008 9:42:12 PM
> Subject: Re: [Nfbf-l] Social Security
>
> Hello John,
> Like you, I have not heard of any legal action etc. against the SSA
because
> of their non-use of accessible materials for blind beneficiaries. Well
> apparently, the ACB has filed a class action lawsuit against the SSA for
> their failure to provide communications etc. from the SSA to blind
> beneficiaries. The suit claims the rehabilitation act  passed in the early
> 70's, I think, is the law being violated. 
>
> To find more about the lawsuit, You have to really dig on the internet
via a
> Google search to find it, but here is a link that describes this class
> action lawsuit:
> http://www.ssa.gov/pgm/classaction.htm 
>
> Personally speaking, it would be nice to receive communications from the
SSA
> in electronic format, but I'm not going to go out and sue them over it. I
> have no problem using my scanner and OCR software to scan and then read
any
> documents I receive from the SSA. SSA is in enough financial uncertainty
> without forcing them to now retain legal counsel to fend off another
> lawsuit. I'm sure they have lawyers on staff for suits like this, but I
> would like to think that money spent on this lawsuit might be better spent
> elsewhere. This is just my opinion, however.
>
> Dave
>
> -----Original Message-----
> From: nfbf-l-bounces at nfbnet.org [mailto:nfbf-l-bounces at nfbnet.org] On
Behalf
> Of John 
> Sent: Sunday, December 07, 2008 11:42 AM
> To: 'NFB of Florida Listserv'
> Subject: Re: [Nfbf-l] Social Security
>
> Hello Sheila,
> I am not sure what law you are under the impression is being violated by
you
> receiving a standard form letter in the mail. I am not aware of any such
> law. It would surely take some imagination to shoehorn the kind of mail
that
> all recipients of mailings that the social security administration sends
out
> under the ADA. Please clarify.
> Cordially,
> John
>
> John A. Ramsey Jr., Esq.
>
> Gainesville, FL 32609
>
> Phone: (352) 505-6642
>
>
>
> -----Original Message-----
> From: nfbf-l-bounces at nfbnet.org [mailto:nfbf-l-bounces at nfbnet.org] On
Behalf
> Of sheila
> Sent: Sunday, December 07, 2008 11:26 AM
> To: NFB of Florida Listserv
> Subject: Re: [Nfbf-l] Social Security
>
>
> This letter is not a scam, as we are getting a raise. It is just terrible
> that the Social Security Administration is not more compliant with the
law,
> as to not offer their correspondence in a more accessible format. 
>
>
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