5208.01
March 2006

Section 504 Complaint against Social Security
for discrimination on the basis of disability or
for failure to accommodate to disability needs

The Americans with Disabilities Act does not apply to the federal government.1 However, federal agencies including Social Security are subject to section 504 of the Rehabilitation Act, 29 U.S.C. § 794. Section 504 says that the Social Security Administration cannot discriminate against people because of their disabilities. Section 504 requires the Social Security Administration to make reasonable accommodations to the disability needs of people applying for benefits and people receiving benefits. Section 504 requires Social Security to be accessible to persons who use wheelchairs and walkers or who are blind or deaf. Section 504 also requires Social Security to be accessible to persons with mental or cognitive disabilities. That means that people are not to be denied benefits because of their difficulties in getting through the application, reporting and review procedures due to mental or cognitive disabilities.

If you believe you have been treated unfairly because of your disability, you have a right to file a Section 504 Civil Rights complaint. Unfair treatment may include a failure to give you the extra help you need because of your disability. Here are examples of unfair treatment that may violate Section 504 of the Rehabilitation Act:

  • You need help in filling out papers for Social Security but Social Security does not give you help or find someone who can help you.
  • There are records Social Security says you must provide but you need help in order to get them and Social Security does not give you the help.
  • You need a sign language interpreter for your meeting with Social Security but Social Security will not provide an interpreter.
  • You cannot get to the office for your annual review and Social Security will not come to your home or conduct the annual review by telephone.
  • You go to the office for help in understanding a notice you received but you are treated rudely or impatiently when you ask for help.
  • When you want to appeal but you cannot get into the office, the Social Security person on the phone does not give you his or her name or another way to prove you called. This means that just because you could not get into the Social Security office, you do not have any way of proving you started the appeal process.
  • Social Security does not take into consideration your disability limitations when deciding whether or not you were at fault in causing an overpayment and whether the overpayment may be waived.
  • It is difficult for you to express yourself or your speech is difficult to understand but Social Security does not take the time to understand what you are trying to say.
  • Social Security knows you have difficulty understanding what you need to do to report changes in your earned income, but does not help you meet your reporting requirements.
  • You do not show up for a meeting with Social Security and Social Security terminates your benefits for not cooperating even though Social Security knows you have the kind of disability that may interfere with your ability to cooperate. In such a case Social Security would be obligated to investigate to insure your failure to cooperate was for a reason other than your disability.
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    How to fill out the complaint form:2

    If you do not have a reliable or steady address, you should use someone else’s address. After address write "c/o" or "in care of" and then the other person’s name and address.

    On the disability question, you can identify by type of disability or by how the disability affects you or both. For instance, you could write in "psychiatric disability" or "psychiatric disability which makes it difficult to be in a place like a waiting room where there are a lot of other people." Or you could write in "spinal cord injury" or "wheelchair user."

    On the question, "when did the discrimination happen," that is usually the date (month and year) you were treated unfairly. Unless there is a good reason for filing a late complaint, Social Security will not investigate a complaint that is more than six months old.

    On the question "what happened?" explain why you believe you were treated unfairly because of your disability. The discrimination may be because of your particular disability. Or the discrimination may be because Social Security knows you need an accommodation because of your disability but refuses to give it to you. You are not limited by the space under "what happened?" You can attach other pages.

    Important: The Section 504 complaint is in addition to regular appeals or a request for waiver. It is important that you file a request for reconsideration or for a hearing within 60 days of receiving a notice.

    Mail your Section 504 complaint to Social Security Administration Office of the General Counsel Room, 617 Altmeyer Bldg., 6401 Security Boulevard, Baltimore, MD 21235-0001. Keep a copy of your Complaint and write on your copy the date you put it in the mail. You should follow up if you do not get something in the mail from Social Security within four to six weeks. The telephone number for the office handling the Section 504 complaint is (415) 437-8053. Explain that you filed a Section 504 civil rights complaint against Social Security so you are directed to the right person.

    Call Protection & Advocacy at 1-800-776-5746
    if you have questions about Social Security
    and your Section 504 rights.

    [1] However, the Disability Evaluation Division, the state agency which contracts with the Social Security Administration to make initial disability determinations and which reviews selected cases to see if you continue to meet the disability standard, is subject to both the ADA and Section 504.

    [2] For forms go to http://www.ssa.gov/online/ssa-437.pdf