From the Disability Rights Education and Defense Fund (DREDF):

In October 2009, a federal court in Northern California granted judgment for two plaintiff classes of blind and visually impaired people in American Council of the Blind v. Astrue, a case against the Social Security Administration (SSA).

The recent judgment requires SSA to provide class members with the right under federal law (Section 504 of the Rehabilitation Act) to ask for notices and other information about their benefits in alternate formats in addition to standard print. SSA must “phase-in” the new options under certain timeframes.

Are you a member of one of the classes?

The classes are (1) SSA applicants, beneficiaries, recipients, who are blind or visually impaired and (2) representative payees who are blind or visually impaired. The class Counsel is the Disability Rights Education and Defense Fund (DREDF) and Howrey LLP.

How to Request Alternate Formats from SSA

There are three different approaches for requesting alternate formats depending on the type of format you request. SSA will automatically grant requests for notices and other communications in braille, Microsoft Word on a CD, large print, audio CD, certified mail or a telephone call. The options of certified mail or telephone call will be provided without delay, because they are not new.

1. Braille and Microsoft Word on CD

Most notices will be available in braille and Microsoft Word on CD by May 24, 2010. To select one of the formats SSA automatically provides, contact SSA through one of the following ways:

• Visit SSA’s website at www.socialsecurity.gov/notices and follow the steps provided.
• Call SSA toll-free at 1-877-708-1776. If you are deaf or hard of hearing, you may call SSA’s TTY number at 1-800-325-0778.
• Call SSA’s national 800 number at 1-800-772-1213.
• Write, visit, or call your local Social Security office.

2. Large Print and Audio CD

Some time in 2011, the Social Security Administration intends to provide notices and communications in large print and audio CD automatically to those who request them. You can make your request now.

Until they can begin providing these formats, the SSA will provide an interim alternate format of your choice: a telephone call and standard print letter, certified mail, or standard mail only before May 24, 2010; and a telephone call and standard print letter, certified mail, braille, Microsoft Word on a CD, or standard mail only after May 24, 2010.

To select Large Print or Audio CD, contact SSA in one of the following ways:

• Call SSA at 1-800-772-1213.
• Visit or call your local field office.

3. Other

You also have a right to ask SSA to provide other formats that SSA does not automatically provide. You can begin this process at any time in the following way:

• Call SSA at 1-800-772-1213.
• Visit or call your local field office. SSA will ask you for your contact information, your social security number (SSN), what kind of alternate format you need to access information about your benefits, and why what SSA automatically offers does not work for you.
• Within 45 days of your request, SSA will send you its decision in large print stating whether or not your requested alternate format was granted or denied. SSA can only deny your request if it decides that another format is effective for you or if it would be an undue burden to honor your request. You can appeal any denial.

When will SSA begin to provide alternate formats?

Some of your notices may continue to be sent in standard print until September 30, 2010, but if your request for a preferred alternate format has been approved, any standard print notice will include a cover letter in your preferred alternate format that alerts you to the fact that you are receiving an important notice from SSA.

The Disability Rights Education and Defense Fund urges class members who want to receive an alternate format to make requests to SSA as soon as possible and to keep track of dates of requests, the names and locations of any SSA representatives you speak with, any problems you may encounter making requests, and all follow up contact with SSA.

How to contact the Disability Rights Education and Defense Fund (DREDF)

DREDF remains committed to monitoring that the court judgment is fairly implemented. Contact them in one of the following ways: E-mail: ssaclassaction@dredf.org or call at 1-800-348-4232 (note that TTY is only available during normal business hours of 9:00 a.m. to 5:00 p.m. PST). Ask for a DREDF staff attorney: Charlotte Lanvers, Silvia Yee, or Larisa Cummings.

About the Disability Rights Education and Defense Fund

Founded in 1979, by people with disabilities and parents of children with disabilities, the Disability Rights Education and Defense Fund is a national law and policy center dedicated to protecting and advancing the civil rights of people with disabilities through legislation, litigation, advocacy, technical assistance, and education and training of attorneys, advocates, persons with disabilities, and parents of children with disabilities.