[Nfbf-l] Social Security

Mon Dec 8 20:16:29 UTC 2008

Judy,
    The premise of this law suit is that the SSA is discriminating against 
those of us who are blind by not "providing meaningful access" to the 
information. In my opinion, this is not a valid premise. The SSA provides 
several ways through which a person with a visual disability can access this 
information. One way is through the internet where your information is 
readily available. In addition, one can call a toll-free number and, after 
providing certain identifying information, obtain the information needed 
through an automated system. Finally, one can do it the "old fashioned way" 
by calling the same toll-free number and talking to a live person who can 
provide this information. So, the premise of this law suit is flawed and, I 
hope, will be dismissed because the blind are not denied "meaningful access" 
to the information.

Fraternally,
Marion


----- Original Message ----- 
From: "Judith Hamilton" <jrhamilton51 at earthlink.net>
To: "NFBF LISTSERVE" <nfbf-l at nfbnet.org>
Sent: Monday, December 08, 2008 1:31 PM
Subject: Re: [Nfbf-l] Social Security


>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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