Are you a person with a disability (including cognitive, hearing, vision, or physical) who receives benefits from the Social Security Administration? Benefits can mean SSI, SSDI, or retirement. If so, UCSF would like to talk with you!!
December 2011 Update from DREDF: SSA has issued over 200,000 alternate formats since ACB v. Astrue Judgment
On December 21, 2011 DREDF made an administrative complaint to the Office of Civil Rights of the U.S. Department of Health and Human Services on grounds that the Centers for Medicaid and Medicare ("CMS") continues to fail to provide alternate formats to individuals who are blind or visually impaired. This complaint was made on behalf of a Medicare Parts A and B beneficiary who is visually impaired and requires bold 24 point font for all communications and notices from CMS and its contractors including all others who provide Medicare notices to the public. The requested remedies in the complaint include that CMS should automatically offer and provide the following to all blind and visually impaired beneficiaries: Braille, audio CD, large print, or MS Word on CD; any other requests should be processed promptly under the regulations which require CMS to consider those requests. Please contact Charlotte Lanvers at 510-644-2555 if you want to learn more and especially if you have had problems obtaining alternate formats from CMS. (12.21.11)
Dear Advocates and Community Members,
We at DREDF are interested in hearing from you if you or your clients have experienced discrimination on the basis of disability in state and county-run public benefits programs. For example, many counties fail to provide applicants/recipients with the reasonable accommodations they need to comply with program requirements (e.g., home visits, help with filling out forms, gathering documents, alternate formats, extensions of time, sign language interpreters, etc.). We have been told that some counties believe that the ADA and reasonable accommodations apply only to county staff, not public benefits applicants and recipients. Other examples include, but are not limited to, terminations or sanctions for failure to comply with program requirements without considering disability as a good cause exemption and failure to provide notice of rights under the ADA. Our interest is cross-disability and includes physical disabilities, mental illnesses, learning disabilities, and developmental disabilities.
If you have any questions or want to pass along information about yourself or a client, please respond to Shira Wakschlag at swakschlag@dredf.org or 510-644-2555.
Thank you!
- DREDF Highlights
- In The News
- And of Interest...
Update on National Association of the Deaf (NAD) v. Netflix (11.9.11)
Our first oral argument in NAD v. Netflix took place this week (November 8) in front of Judge Michael Ponsor in the U.S. District Court for the District of Massachusetts in Springfield, MA. We filed a complaint against Netflix in June 2011 for failing to provide adequate closed captioning on its Watch Instantly website and Netflix moved to dismiss the case. Judge Ponsor granted a stay in the case until February 6, 2012 (pending the Federal Communication Commission's issuance of regulations for the 21st Century Communications and Video Accessibility Act) but denied Netflix's motion to dismiss.
Read the Judge's order on Netflix's motion to dismiss. (pdf)
DREDF Files National Disability Civil Rights Lawsuit against Netflix on Behalf of the National Association of the Deaf. The lawsuit, filed on June 16, 2011 in U.S. District Court in Springfield, MA, charges Netflix with violating the Americans with Disabilities Act by not providing equal access to its streaming content. Read more details about the case. (6.16.11)
DREDF Attorney Silvia Yee documents the "double burden" minorities with disabilities experience in a new brief, Health and Health Care Disparities Among People with Disabilities. (10.18.11)
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DREDF applauds the United States Department of Justice, the California Department of Education, disability rights groups, medical organizations, the Child Care Law Center, and the California School Boards Association for filing briefs on behalf of the American Diabetes Association in the Supreme Court of California case, American Nurses Association v. O'Connell. (5.31.11)
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DREDF opposes misguided California legislation that would provide special education local plan areas (SELPAs) the authority to offer certification training to non-attorney education advocates. See our letter in opposition to SB 462. (4.25.11)
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DREDF makes an administrative complaint against the U.S. Dep't of Education Office of Civil Rights for Direct Loans' failure to consider and provide alternate formats for communications with Direct Loans participants. For more information, contact Charlotte Lanvers at clanvers@dredf.org (3.23.11).
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DREDF makes administrative complaint against CDE for faulty compliance resolution system citing evidence of longstanding and systemic failures by CDE to enforce IDEA and ADA/504 in complaints brought on behalf of students with disabilities throughout California. For more information, contact Larisa Cummings at lcummings@dredf.org. (2.25.11)
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DREDF files an administrative complaint at the Office of Civil Rights of the U.S. Department of Health and Human Services on grounds that the Centers for Medicaid and Medicare fails to provide alternate formats to individuals who are blind or visually impaired. (2.09.11)
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Action Alert!
from DREDF and other disability rights organizations
Department of Justice Seeks Public Comment on Development of New ADA Regulations on Equipment and Furniture
DREDF Final Comments are now posted
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Bravo! DREDF's Rising Star. Cornell University Law School honors DREDF attorney Charlotte Lanvers as a Rising Star as part of its 2011 Exemplary Alumni Public Interest Awards (1.6.11)
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DREDF Directing Attorney Arlene Mayerson meets with Social Security Administration Commissioner Michael Astrue: On December 3, 2010, DREDF Directing Attorney Arlene Mayerson met with SSA Commissioner Astrue to discuss concerns surrounding the civil rights of SSA beneficiaries and applicants with disabilities.Colleagues from the Law Foundation of Silicon Valley, National Senior Citizens Law Center, Legal Services — New York City, and The Arc joined her. At issue is Section 504 of the Rehabilitation Act of 1973 and rights to reasonable accommodations and program modifications for persons with disabilities to "meaningfully participate" in SSA programs. DREDF has been addressing complaints about SSA's failure to comply with Section 504 through administrative complaints and litigation. Commissioner Astrue issued a Federal Register Notice on November 5, 2010 for a Section 504 "self-evaluation" that invited public comment. DREDF and our colleagues, along with 20 legal service organizations from around the country, submitted comments. The comment period closed on December 6, 2010. However, SSA will ask for input from the public and further comments about its policies and practices in a subsequent Federal Register notice.DREDF will provide updates as more information about participating in the self-evaluation process becomes available.
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The Topic Guides on ADA Transportation were funded by the Federal Transit Administration to provide technical assistance on ADA transportation. They bring together the ADA requirements, FTA enforcement determinations, and good operational practices for ADA compliance.
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California Supreme Court accepts DREDF's appeal to review case on behalf of students with diabetes in California public schools (K-12). DREDF and Reed Smith, LLP continue representation of the American Diabetes Association (ADA). (10.11.10)
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Celebrate 20 Years of Civil Rights for Americans with Disabilities with Disability Rights Education and Defense Fund: Submit Your Photos or Recordings. (7.21.10)
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SSA announces intention to provide large print and audio CD automatically to those that request it in 2011. Read a brief explanation of the Court's decision and how to request specific alternate formats. (2.9.10)
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Learn more about American Council of the Blind vs. Michael Astrue and SSA. (2.9.10)
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DREDF authored the topical brief on private and nonprofit sector housing for the National Council on Disability's report, "The State of Housing in America in the 21st Century: A Disability Perspective" (PDF). (1.20.10)
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DREDF filed comments on the EEOC's proposed regulations on the ADA Amendments Act of 2008 (11.23.09)
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DREDF signs onto Letter of Support for H.R.3962, the Affordable Health Care for America Act of 2009 (11.5.09)
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To the sponsors and guests of DREDF's 30th Anniversary Celebration and Tribute to Senator Edward M. Kennedy, and to all our supporters and friends, our deepest appreciation and heartfelt thanks for 30 years of commitment to social justice for the disability community. For event photos and a recap of the evening, please visit the 30th Anniversary Celebration page.
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DREDF and fellow disability rights organizations ask Congress and the Administration to end aversive practices in the US (9.30.09)
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National Council on Disability releases report entitled "The Current State of Health Care for People with Disabilities" authored by a team led by DREDF (9.30.09)
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After four years of litigation, DREDF and co-counsel Howrey LLP, went to trial on September 14, 2009, on behalf of the American Council of the Blind (ACB) and a class of 3,000,000 blind and visually impaired plaintiffs. Closing arguments were presented on September 23, 2009. (9.23.09)
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Disability Community Meeting with Attorney General Eric Holder on September 9, 2009 (9.10.09)
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Health Care Reform: Be Informed and Take Action! DREDF eNews (9.8.09)
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DREDF'statement on the passing of Senator Edward M. Kennedy (9.2.09)
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Important Diabetes Information for the 2009-2010 School Year. (7.23.09)
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Diabetes Care in California Public Schools. Critical information for families in English and Spanish. (7.09)
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DREDF partners with other legal advocates to launch The Barrier Free Healthcare Initiative. (6.26.09)
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DREDF's Comments on the Senate Finance Committee's "Description of Policy Options, Expanding Health Care Coverage: Proposals to Provide Affordable Coverage to All Americans" (5.22.09)
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New York Times: Almost people-first in principle, not yet in practice. (4.21.09)
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New! Clearinghouse on Foster Youth and Transition, underwritten by the California Department of Rehabilitation (3.09)
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DREDF filed final comments on the DOJ's proposed ADA regulation changes. See draft comments, arranged by topic, with a summary of the DOJ proposals and filing instructions. (8.15.08)
Read more about the Netflix case
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3.24.11 The U.S. Equal Employment Opportunity Commission's (EEOC) final regulations to implement the ADA Amendments Act (ADAAA) are now available for public view on the Federal Register website.
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2.1.11 Devices allow mobility for deaf phone users (USA Today)
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1.31.11 Disability group hits back on Medicaid reduction plan (Minnesota Public Radio)
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1.31.11 H&R Block agrees to improve access for deaf (Associated Press)
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1.25.11 Suit dismissed over Ark. human development centers (NWA Online)
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1.25.11 My big chance to present the 2012 Paralympics (The Guardian)
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1.24.11 John Wodatch: A Justice Department disability rights pioneer (The Washington Post)
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1.19.11 Sheltered Workshops No Better Than Institutions, Report Finds (Disability Scoop)
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1.19.11 Mental health in Arizona: A case study (The Los Angeles Times) http://www.latimes.com/news/nationworld/nation/la-na-arizona-mental-health-20110120,0,1277389,full.story
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1.19.11 Why the responsible reporting of mental health issues is so important (The Guardian)
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1.13.11 Disabled sue city over lack of wheelchair accessible taxis (Examiner.com New York City)
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1.12.11 Job-bias claims on rise, agency says (Boston Globe)
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1.11.10 Advocates say Utah illegally limits home care for disabled (Salt Lake Tribune)
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1.10.11 EEOC Approves ADAAA Draft Final Regs (HR.BLR.com)
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1.6.11 Jewel-Osco pays $3.2M to settle discrimination complaint (Naperville Sun)
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1.6.11 At the new Ed Roberts Campus, DREDF continues its pioneering civil rights work (Oakland Examiner)
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1.5.11 School will give boy's dog a tryout (Washington Post)
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12.22.10 Deaf Player at Cal State Northridge Has a Real Feel for the Game (NY Times)
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12.22.10 Japan introduces bamboo wheelchairs in airports (The Telegraph)
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12.20.10 'The Annoying Orange' Needs More Captions (Bloomberg Business Week)
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12.20.10 State sued over care for disabled Texans (Houston Chronicle)
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12.17.10 Year in Review: Top Disability Stories of 2010 (Disability Scoop)
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12.16.10 New program hopes to save money by subsidizing taxi rides for disabled (NY Daily News)
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12.13.10 Berkeley's Ed Roberts Campus has access for all (San Francisco Chronicle)
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12.12.10 Colleges Lock Out Blind Students Online (The Chronicle of Higher Education)
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12.12.10 A legacy of unintended side effects (Boston Globe)
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12.9.10 A New Nursing Home Population: The Young (NPR)
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12.7.10 Decade of Work Leads to Comprehensive Disability Law in Vietnam (Voice of America)
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12.3.10 A New Civil Right Looks for Stronger Enforcement (NPR)
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12.3.10 Justice Increases Efforts to Enforce Olmstead Ruling (NPR)
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12.2.10 Care at Home: A New Civil Right (NPR)
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11.30.10 Abuses Found at Mexican Institutions for Disabled (NY Times)
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11.22.10 Olivia Welter, Other Severely Disabled Adults Win Round In Court Battle (NPR)
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11.22.10 India: The fight for disabled children's right to education (The Guardian)
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11.18.10 Berkeley's Ed Roberts Campus, a center for disability rights, opens its doors (Oakland Examiner)
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11.18.10 Cinema giant AMC settles Disabilities Act lawsuit with Justice Department (LA Times)
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11.16.10 NYC Taxi of Tomorrow Finalists Not So Wheelchair Accessible as Promised (AMS Vans blog)
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11.16.10 Children with autism practice traveling on "mock" flights (Philadelphia Inquirer)
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11.16.10 Deaf Lawyer to Head FCC's Disability Rights Office (The Blog of Legal Times)
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11.12.10 Penn State Accused of Discriminating Against Blind Students (The Chronicle of Higher Education)
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11.12.10 Three Men Charged in Albuquerque, N.M., with Federal Hate Crimes Related to Assault of Disabled Navajo Man (Department of Justice)
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11.10.10 Raining Champion (Responsible Tourism Awards magazine
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11.9.10 Hilton Agrees to Boost Disability Accommodations At Hotels (Disability Scoop)
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11.4.10 Accommodations Angst (NY Times)
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Disability rights groups weigh in on the Stimulus (12.23.08)
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The Obama–Biden Administration posted "The Agenda" on The White House website. Read the Administration's priorities on disability. (1.21.09)
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The National Disability Rights Network issued an investigative report on the use restraint and seclusion in schools, "School is not Supposed to Hurt." (1.17.09)
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The U.S. Dept. of Labor launches America's Heroes at Work, a project supporting employment of individuals with TBI and PTSD (12.5.08)
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New law requires better information and support to women whose fetus or newborn is diagnosed with a disability (10.21.08)
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U.S. based forum supporting ratification of the UN Convention on the Rights of Persons with Disabilities
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Young disability groups build political presence
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Michael Berube weighs in on genetic testing
Special Education Needs in California County Jails or Adult State Prison?
DREDF is conducting an investigation into whether young people with disabilities are receiving special education and related services as guaranteed under the Individuals with Disabilities Education Act (IDEA). Click here for more information.
Law Clerk Internships
DREDF is seeking law students to work during summer, fall, and spring.



