Title VI Language Access Conference MCLE 12/15/2016 Language Access at SSA Linda Landry Disability Law Center

Application of Title VI to SSA Title VI was meant to cover only those situations where federal funding is given to a nonfederal entity. Soberal-Perez v. Heckler, 717 F.2d 36 (2d Cir. 1983); Title VI Legal Manual, DOJ, (September 1998), at p. 14. But, LEP persons may be able to state a claim that English only notices resulted in denial of their rights to a full procedural opportunity to present and support their claims. E.g., Cruz v. Califano, 912 F.2d 8 78 F.R.D. 314 (E.D.PA 1979). POMS NL 00601.600, 00603.110, 00610.080, 00610.100, Spanish language notice requirements. https://secure.ssa.gov/apps10/poms.nsf/subchapterlist!openview&restricttocategory=09006

Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency, 8/11/2000 Federal agencies must develop and implement systems for meaningful LEP access consistent with, and without unduly burdening, the fundamental mission of the agency. DOJ Policy Guidance, 67 FR 2671 (1/18/2002). AG Holder Memo to federal agencies reaffirms the mandates of 13166 (2/17/2011). LEP Federal Interagency website. www.lep.gov/faqs

SSA’s Policies Under Executive Order 13166 2015 Social Security Administration Language Access Plan (LEP). SSA’s Interpreter policy. Materials in languages other than English. If you had difficulty receiving services due to a language barrier issue, please contact the Regional Communications Director for your state. All of the above accessible at https://www.ssa.gov/site/languages/en/

SSA’s Policies Under Executive Order 13166 POMS GN 00203.011 Special Interviewing Situations: LEP POMS DI 23040.001 DDS: Interpreters for LEP Individuals POMS GN 00203.016 iAppointments and language preferences HALLEX Rule I-2-6-10 Hearing Procedures – Foreign Language Interpreters

Application of Section 504 of the Rehabilitation Act to SSA Section 504 applies to federal agencies, including SSA. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against qualified individuals with disabilities. Federal agencies and organizations that receive Federal financial assistance are required to ensure that no otherwise qualified individual with a disability is, solely because of disability, excluded from participation in, denied the benefits of, or subjected to discrimination under the programs and activities they conduct. 45 C.F.R. Part 85 (Part 85).

SSA’s Section 504 Policies Proposed Section 504 Business Process Section 504 FAQs Center for Section 504 Compliance Complaint Form-Allegations of Discrimination in Programs or Activities Conducted by the Social Security Administration (Eng. & Sp) All of the above available at https://www.ssa.gov/accessibility/504_overview.html

SSA’s Section 504 Policies POMS GN 00211.001, Section 504 Standard and Non-Standard Accommodations. GN 00203.012, Special Interviewing Situations (Deaf or Hard-of-Hearing Individual). Special Notice Option for the Blind or Visually Impaired. (ACB v. Astrue). HALLEX Rule I-2-0-8, Accommodations Under Section 504 of the Rehabilitation Act (instructions for ODAR).