The Social Security Administration will have to face claims it failed to make work reviews accessible to the mentally and developmentally disabled, a federal judge ruled.
U.S. District Judge Edward Chen refused to dismiss two related cases accusing the SSA of violating Title II and Title XVI of the Rehabilitation Act, finding allegations of emotional distress in the review process sufficient to constitute an injury for purposes of standing.
Work reviews take place after a person has been deemed disabled and granted benefits and are conducted to ensure beneficiaries are not earning above a certain income level, in which case benefits can be terminated, suspended or reduced.
Terrence Davis and "John Doe" claim the SSA does not train claims representatives how to conduct work reviews when the person under review has mental or development disabilities or how to communicate with such people and that the SSA failed to modify its forms to make them understandable to people with such disabilities....
Davis originally filed his case in 2006 as a class action but Judge Marilyn Hall Patel rejected his motion for class certification while allowing him to re-file. Davis instead chose to file an amended individual complaint without class allegations. Doe filed his individual complaint a few months later also without class allegations.
Feb 20, 2012
Work Reviews Challenged
From Courthouse News Service: