NEW YORK -- Disability advocates and other groups are suing the federal government over the Social Security Administration's practices during the pandemic, including shuttering its local offices.
The challenge was filed on behalf of five New Yorkers who utilize Supplemental Security Income (SSI), which helps low-income older adults and people with disabilities.
In March 2020, Social Security, which administers SSI, closed all of its offices, making it difficult for recipients to report any financial changes. Six months later, the agency started to send notices to thousands of people telling them their benefits were going to be reduced due to overpayment, without giving them a meaningful chance to contest it.
Kate Lang, senior staff attorney for Justice in Aging, which represents the plaintiffs, said the office closure left many vulnerable people in the dark.
"People have difficulty communicating with Social Security and saying, 'This is a mistake. I'm still eligible for these benefits. I shouldn't be cut off,'" Lang explained. "We think that Social Security needs to recognize that the pandemic continues."
The federal government has 60 days from filing to respond to the lawsuit. Other organizations involved in the case include New York Legal Assistance Group and Arnold & Porter.
The suit also raised concerns over Social Security's streamlined waiver process, implemented in August 2020, which was meant to forgive financial penalties for overpayment during the first few months of the pandemic.
Danielle Tarantolo, director of the special litigation unit at New York Legal Assistance Group, said the waiver failed to address the pandemic-related SSI issues.
"Our clients tried repeatedly to take advantage of this streamlined process and get a quick waiver so that they could maintain their full benefits and over and over again, they were unsuccessful," Tarantolo recounted.
Representatives for the New York SSI recipients said they hope the lawsuit leads to Social Security revamping the waiver process to make sure that everyone who deserves one can get it. Social Security offices around the country remain closed to the public, except for emergency situations.
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Nearly a dozen Iowa youths with disabilities are taking newly developed leadership skills out into the world. A summer academy wrapped up this month, and organizers say this year's class displayed impressive strength in self-advocacy.
The Youth Leadership Academy just saw the graduation of its third class and was able to hold closing ceremonies in-person for the first time after COVID disrupted the previous events.
In interactive sessions, students from ages 14-21 learn about things like goal-setting and civic engagement.
Francine Pace, a college student who was diagnosed with autism at a young age, said she liked the networking training.
"You want them to hear your side, and it's great to hear other people's side and combine and making teamwork happen," Pace explained. "You can overcome a lot of things."
Pace feels the program is a great approach in trying to enact change at the community and state level. She will keep pushing for policies to reduce the state's waiting list for those with disabilities seeking home- and community-based services.
Event organizers say this summer's students already had a range of advocacy experience, which allowed them to bolster the curriculum.
Sebastien Janelle, another college student and academy graduate, said the program helped him focus on personal goals as he looks ahead to his future while living with autism.
"If I want to buy a house someday or, like, if I want to get there, then it is a huge priority to live up with that moment to reach that goal," Janelle emphasized.
The Iowa Developmental Disabilities Council helps lead the academy, along with several partners, including the Center for Disabilities and Development, ASK Resources, the state Department of Human Rights and Access to Independence.
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The New York City Council is considering asking the Department of Transportation and the Department of Parks and Recreation to develop a report outlining the best locations for public restrooms in every ZIP code in the city.
Currently, New Yorkers can either use public restrooms in the parks or one of the city's newly installed automatic public toilets.
The new report would specifically address accessibility for people living with a disability.
Sharon McLennon-Wier, executive director of the Center for Independence of the Disabled-New York, described one of the biggest issues with the new automatic toilet facilities.
"If someone is using a motorized wheelchair -- and also, they may themselves weigh a certain amount -- they may not be able to access the public restrooms due to the construction of the flooring," McLennon-Wier pointed out. "Which has a weight limit of, I believe, 700 pounds."
She noted another concern is the time limit on the automatic public toilets. The door remains locked for 12 minutes, which might not be enough time for someone with mobility issues. Some solutions would be to extend the time limit and make the structures more permanent, so the floors are better reinforced.
Public restrooms in parks were recently found to be lacking in New York for people with disabilities. According to a 2019 report from the City Comptroller, 69%, or almost 1,000 of the city's 1,428 park restrooms, do not comply with the Americans with Disabilities Act.
McLennon-Wier hopes additional facilities will provide a wider range of options.
"With disabled folks having to take Access-A-Ride, and having to worry about wait times and their transportation not being readily available, they have to sit and wonder about if they're going to make it to the bathroom," she observed.
McLennon-Wier added that better access to public restrooms would be a benefit to all New Yorkers. She explained many people find themselves having to carefully consider when or where they can eat or drink because they might not have a restroom nearby.
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New York City's subway system has often been a thorn in the side of the disabled community, because only 114 of the system's 472 stations, or 24%, are disability accessible.
It is slated to change as part of a class-action settlement. The Metropolitan Transportation Authority (MTA) said, as part of its next round of capital improvements, all remaining subway stations will be made accessible for people with disabilities.
Jeff Peters, director of communications at the Center for Independence of the Disabled in New York, feels it is a major step forward, despite the lengthy timeline.
"The fact that it is a long time frame is not the greatest thing in the world," Peters acknowledged. "Of course, we'd all love to see this be done in a faster manner. But this is now the first time that they've actually mandated that there is a date, and there is money set aside for this."
The MTA is aiming for 81 stations to be made accessible by 2025, with improvements to a second round of 85 stations 10 years after. In the two decades afterward, 180 stations will be made accessible by 2055.
According to the New York City Department of Health, more than more than three million people in the city live with a disability.
Peters believes it should not signal the end of disability-access improvements for mass transit, rather, it is a new beginning with plenty of work ahead. He added the changes to be made do not start with construction plans, but with better education about what 'disability access' means.
"When we educate people about what needs to be done, they understand a little bit more," Peters explained. "Sometimes we'll hear, 'I never thought of it like that.' Or, 'I didn't see it this way, thanks for bringing it to my attention.' Sometimes, people just need to see how things will affect other people."
Greater awareness can help elected officials and everyday citizens comprehend the necessity of elevator and escalator access at subway platforms, and for functioning tactile strips to alert blind people of their location on a station's platform. Peters emphasized once others know this, it will underscore the importance of these improvements.
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