People With Disabilities Foundation

PROVIDE EDUCATION AND ADVOCACY FOR PEOPLE WITH PSYCHIATRIC AND/OR DEVELOPMENTAL DISABILITIES,WITH OR WITHOUT PHYSICAL DISABILITIES, SO THAT THEY CAN ACHIEVE EQUAL OPPORTUNITIES IN ALL ASPECTS OF LIFE.

ADVOCACY PROGRAM: PWDF CONTINUES TO CONSULT WITH AND REPRESENT INDIVIDUALS WHO HAVE PSYCHIATRIC, INTELLECTUAL,AND/OR DEVELOPMENTAL DISABILITIES (P/IDD) ON CASES THAT INVOLVE SOCIAL SECURITY DISABILITY, EMPLOYMENT, AND HOUSING BENEFITS INCLUDING WITH REASONABLE ACCOMMODATIONS ISSUES. WE PRIMARILY REPRESENT CLIENTS BEFORE THE SOCIAL SECURITY ADMINISTRATION (SSA) FOR SOCIAL SECURITY DISABILITY INSURANCE (SSDI) AND SUPPLEMENTAL SECURITY INCOME (SSI) BENEFITS,INCLUDING IN POST-ENTITLEMENT AND POST ENTITLEMENT/ELIGIBILITY FOR BENEFITS. WE HAVE CLINICS FOR BENEFICIARIES OF SSDI AND/OR SSI WHO HAVE ISSUES DUE TO SSDI WORK REVIEWS AND SSI REDETERMINATIONS BASED ON INCOME AND/OR RESOURCES, AND RESULTING OVERPAYMENTS IN EITHER OR BOTH PROGRAMS. THIS WORK CONTINUED THROUGHOUT THE COVID-19 PANDEMIC,BUT AT REDUCED OPERATIONS (50%); OPERATIONS INCREASED SOMEWHAT AS PANDEMIC RESTRICTINS WERE LIFED. IN 2012, PWDF RECEIVED FAVORABLE OUTCOMES IN TWO FEDERAL COURT CASES FILED AGAINST THE SSA ALLEGING THAT THEY DISCRIMINATE AGAINST PEOPLE WITH MENTAL (SCHIZOPHRENIA) AND DEVELOPMENTAL (AUTISM) DISABILITIES. (CASE NOS. 3:06- CV-6108 AND 3:09-CV-980 (N.D. CAL. 2012).) THIS IS THE FIRST TIME THE SSA OFFERED REASONABLE ACCOMMODATIONS ON THE BASIS OF MENTAL/DEVELOPMENTAL DISABILITIES. WE ARE CURRENTLY IN THE ENFORCEMENT STAGE, ENSURING THE SSA IS NOT IN VIOLATION OF THIS SETTLEMENT AGREEMENT WITH RESPECT TO DOE: DAVIS PASSED AWAY. PREVIOUSLY WE CONTACTED THE U.S. ATTORNEY'S OFFICE TO COMPLY BEFORE WE WENT BACK TO COURT. WE ARE NOW PREPARING TO FILE A FOURTH SEC. 504 COMPLAINT AGAINST THE SSA IN A CASE WHERE PLAINTIFF'S SSI CHECKS WERE HELD UP FOR 2 YEARS BASED ON AN SSA FALSE ACCUSATION THAT PLAINTIFF HAD 1 MILLION OF REAL ESTATE. PLAINTIFF HAS SCHIZOPHENIA, DESCRIBED AS ACUTE, FOR WHICH HE WAS HOSPITALIZED FOUR TIMES DURING THE SSI APPLICATION PROCESS. WE ARE NOW AT THE CO-COUNSEL AGREEMENT STAGE. THIS CASE CAN TAKE A FEW YEARS. PWDF IS REPRESENTING A CLIENT WITH PSYCHIATRIC IMPAIRMENTS AGAINST THE SSA ON SEVERAL ISSUES IMPORTANT TO DISABILITY RIGHTS. ONE ISSUE IS THAT THE SSA USED THE CLIENT'S REFUSAL TO TAKE PSYCHOTROPIC DRUGS TO SUPPORT THEIR CONCLUSION THAT THE CLIENT WAS NOT DISABLED. THE RIGHT TO REFUSE MEDICATION IS AN IMPORTANT CIVIL RIGHT. A FEDERAL JUDGE AGREED WITH PWDF THAT THE SSA INCORRECTLY DISCOUNTED CLIENT'S TESTIMONY ABOUT HER SYMPTOMS BECAUSE SHE REFUSED TO TAKE PSYHOTROPIC DRUGS WITHOUT CONSIDERING HER REASONS FOR NOT TAKING THE MEDICATIONS. THE SSA ALSO INCORRECTLY (AND UNFAIRLY) APPLIED A PART OF THE SOCIAL SECURITY ACT THAT EVALUATES EXERTIONAL CRITERIA, I.E., LIFTING AND CARRYING, WHEN IT ASSESSED CLIENT'S NON-EXERTIONAL IMPAIRMENTS, I.E., MAJOR DEPRESSIVE DISORDER. IN OTHER WORDS, THE SSA IGNORED HER PSYCHIATRIC IMPAIRMENTS BY STATING THAT HER EXERTIONAL ABILITIES ALLOW HER TO WORK.PWDF WON A REMAND IN FEDERAL DISTRICT COURT TO HAVE THE SSA REHEAR THIS CLIENT'S DISABILITY CLAIM AS TO THE FIRST LEGAL ERROR, REFUSING TO TAKE PSYCHOTROPIC MEDICATION, USING A "CLEAR AND CONVINCING"STANDARD. M.F. V. KIJAKAZI, ACTING COMM'R SOC. SEC. ADMIN., CASE 3:20-CV-08742 (N.D. CAL. NOV. 11, 2021). PWDF IS REPRESENTING THE CLIENT IN THE NEW HEARING ON AUGUST 18, 2022. WE FINALLY GOT A NEW JUDGE AFTER THE SAME ONE REFUSED TO RECUSE.

OTHER

EDUCATION PROGRAM: IN-PERSON ACTIVITIES CEASED IN MARCH 2020 DUE TO THE CORONAVIRUS STAY-AT-HOME ORDERS, SO PWDF'S PUBLIC EDUCATION ACTIVITIES CONTINUED AT A REDUCED LEVEL, ALTHOUGH THEY ARE EXPECTED TO RESUME AS STATE AND COUNTY HEALTH ORDERS ALLOW. GERERALLY, PROGRAM ACTIVITIES INCLUDE OUTREACH EVENTS,GUEST SPEAKING, A QUARTERLY E-NEWSLETTER, INFORMATIONAL SEMINARS,TRAINING SESSIONS AND A YOUTUBE CHANNEL, WHICH HOSTS AND DISSEMINATES OUR SEMINAR AND OTHER VIDEOS. TO-DATE, WE HAVE VIDEOS OF NEARLY 20 3-HOUR EDUCATIONAL SEMINARS ON OUR YOUTUBE CHANNEL. IN ADDITION, WE CONTINUE TO MARKET OUR TRAINING VIDEOS FOR DISTRIBUTION. OVER THE LAST SEVERAL YEARS, WE HAVE BEEN EXPANDING OUR PUBLIC AWARENESS AND EDUCATION PROGRAM FROM A PRIMARILY LOCAL PROGRAM TO A NATIONAL PROGRAM THOUUGH TECHNOLOGY. PWDF HAS DONE RESEARCH AND PLANNING FOR OUR NEXT FREE PUBLIC AWARENESS SEMINAR, WITH THE WORKING-TITLE OF "OLDER ADULTS AND MENTAL HEALTH ISSUES: DIAGNOSIS, TREATMENT, AND RELATED AWARENESS ISSUES." THIS SEMINAR WILL ADDRESS PSYCHIATRIC ISSUES RELATED TO AGING, INCLUDING THOSE THAT OFTEN OR MAY ONSET LATE-IN LIFE SUCH AS DEMENTIA (NOW PER DSM 5, "NEURO-COGNITIVE DISORDER),PERSONALITY DISORDER, COGNITIVE DYSFUNCTION, ANXIETY, AND DEPRESSIONTO PROVIDE A ROBUST AND IMPORTANT TOPIC WITH WHICH TO EDUCATE THE COMMUNITY. IN 2015, WE BEGAN INCREASING OUR WORK IN SUBMITTING PUBLIC COMMENTS TO GOVERNMENTAL AGENCIES ADVOCATING FOR POLICIES AND REGULATORY CHANGES AS THEY PERTAIN TO PEOPLE WITH P/IDD, BECAUSE THIS POPULATION IS TOO OFTEN UNDERREPRESENTED AND STIGMATIZED. WE PROVIDE TRAINING ON THE AMERICANS WITH DISABILITIES ACT (ADA) AS WELL AS (SSDI) AND SSI WITH A FOCUS ON HOW THE RULES AFFECT PEOPLE WITH P/IDD. WE PROVIDE THESE TRAININGS STATEWIDE AND LOCALLY, INCLUDING FOR ORGANIZATIONS SUCH AS NAMI CALIFORNIA, NAMI SAN FRANCISCO CHAPTER, NAMI MARIN CHAPTER, THE BAR ASSOCIATION OF SAN FRANCISCO, AND SUPPORT FOR FAMILIES OF CHILDREN WITH DISABILITIES, AMONG OTHERS. WE DID NOT PROVIDE THESE TRAININGS DURING THE PANDEMIC BECAUSE OF OUR REDUCED PROGRAM OPERATIONS BUT EXPECT TO RESUM. PWDF CONTINUES TO PROVIDE LINKS TO OUR EDUCATION/PUBLIC AWARENESS VIDEOS. RECENTLY A REQUEST FROM A U OF PENN PROFESSOR REQUESTED: "HHP://WWW.PWDF.ORG/ONLINE-WORKSHOP-DISABILITY-DISCRIMINATION-LAWSUITS- ENSURING-EQUAL-ACCESS-TO-ADVOCACY-FOR-CLIENTS-WITH-MENTAL-ANDOR- DEVELOPMENTAL-DISABILITIES/.

GRANT PROGRAM: PWDF CONTINUED OUR PILOT GRANT PROGRAM, PROVIDING FUNDS FOR OTHER ORGANIZATIONS FOR THEIR WORK IN SUPPORT OF PEOPLE WITH P/IDD. IN FY 2020-21, WE REVIEWED THE 12-MONTH REPORTS AND RENEWAL APPLICATIONS FOR THE 2020 GRANTEES AND OFFERED A NEW GRANT ROUND. WE RENEWED GRANTS TO SEVEN PROGRAMS, INCLUDING ONE THAT HAD BEEN POSTPONED DUE TO THE PANDEMIC, AND ADDED TWO NEW PROGRAMS, FOR A TOTAL OF NINE GRANT AWARDS IN THIS PERIOD.