American Council of the Blind et al v. Barnhart et al

Filing 336

ORDER APPROVING JOINTLY PROPOSED LANGUAGE FOR NOTICE OF IMPLEMENTATION OF JUDGMENT. Signed by Judge Alsup on November 30, 2009. (whalc1, COURT STAFF) (Filed on 11/30/2009)

1 2 3 4 5 6 7 8 9 10 AMERICAN COUNCIL OF THE BLIND, a District of Columbia non-profit corporation, SCARLETT MILES, MARVELENA QUESADA, ARLENE DOHERTY, ALICE MARJORIE DONOVAN, BILLIE JEAN KEITH, GEORGE P. SMITH, MARY ANN ALEXANDER, and LAURA M. RUSSELL on behalf of themselves and all others similarly situated, Plaintiffs, v. MICHAEL ASTRUE, Commissioner of the Social Security Administration, in his official capacity, and SOCIAL SECURITY ADMINISTRATION, Defendants. / No. C 05-04696 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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ORDER APPROVING JOINTLY PROPOSED LANGUAGE FOR NOTICE OF IMPLEMENTATION OF JUDGMENT

Having reviewed the stipulation and proposed notice submitted by the parties, the Court finds that the form and content of the proposed notice, which informs recipients and authorized persons shown in defendants' records to be blind or visually impaired of their rights to receive and request alternative forms of communication from the SSA, conform to the requirements set forth by the Court in its findings of fact and law. Specifically, the proposed notice: (1) adequately advises recipients of the availability of two new alternatives (Braille and navigable Microsoft Word CD) ordered by the Court and the dates that they will be available; (2) adequately communicates to recipients that they

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do not have the option to receive existing "Special Notice Policy" notices (e.g. a follow-up telephone call) in addition to the new court-ordered alternatives; and (3) adequate informs recipients of their procedural rights under Section 85.51 to request alternative notice formats, including the right to a written response from the SSA and the right to appeal an adverse decision by the SSA. Accordingly, since the language in the proposed notice satisfies the requirements set by the Court, the proposed notice language is hereby APPROVED.

IT IS SO ORDERED.

United States District Court

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For the Northern District of California

Dated: November 30, 2009.

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WILLIAM ALSUP UNITED STATES DISTRICT JUDGE