Disability Advocates Sue Social Security Administration

Takeaways

• Disability advocates are suing the Social Security Administration. The lawsuit highlights barriers to accessing Social Security services, including staffing reductions and long wait times, that unduly affect vulnerable populations.

The Social Security Administration (SSA) has recently been undergoing significant shifts, the effects of which still haven’t been fully realized. The changes include a drastic reduction in SSA personnel and a reversal on Biden-era overpayment rules. Meanwhile, other overhauls, like a new policy that would have gone into effect this month requiring individuals to prove their identity in person at an SSA office if they were unable to use the SSA’s website, have been backtracked.

These changes have led to a coalition of national advocacy organizations, including the American Association of People with Disabilities (AAPD) and the National Federation of the Blind (NFB), and individual plaintiffs with disabilities to file a federal lawsuit against the SSA, the newly formed Department of Government Efficiency (DOGE), and top federal officials.

The lawsuit alleges that systemic failures in the Social Security services are unlawfully harming Americans with disabilities and older adults by violating the Rehabilitation Act, the Administrative Procedure Act, and multiple constitutional provisions.

“With more than 1.1 million disability claims already pending, and thousands dying or going bankrupt each year awaiting decisions,” the nonprofit Justice in Aging, co-counsel in the lawsuit, wrote in a news release, “the plaintiffs allege that the SSA’s recent actions are both unlawful and life-threatening.”

Reasons for the Lawsuit

At the heart of the lawsuit is the claim that widespread and expanding barriers to accessing Social Security services are leaving many individuals unable to receive the benefits to which they are entitled. The lawsuit contends that these barriers include:

• Inaccessible or closed SSA offices
• Reductions in SSA employees
• Long wait times and unreliable service through SSA’s national 1-800 number
• Failure to provide timely in-person services, including help filing for disability benefits and appealing decisions
• Closure of the Office of Civil Rights and Equal Opportunity and the Office of Transformation

The plaintiffs argue that these obstacles disproportionately affect people who are blind, have mobility or cognitive impairments, speak limited English, or lack access to internet or phone services — essentially excluding them from full and equal participation in vital government programs.

Legal Grounds

The lawsuit alleges violations of several key federal statutes, including:

• The Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in federal programs and services
• The Administrative Procedure Act (APA), which governs the process by which federal agencies develop and issue regulations
• The Fifth Amendment of the U.S. Constitution, which guarantees procedural due process.

According to the complaint, the SSA has failed in its legal obligations to ensure that all Americans, regardless of disability status, can access Social Security benefits and services in a fair and equitable manner.

Calls for Structural Reform

“Americans with disabilities deserve a functioning Social Security system, not arbitrary shutdowns and inaccessible service,” said AAPD President and CEO Maria Town. “We filed this lawsuit because disabled Americans are already suffering — and without urgent court intervention, the harm will only grow.”

The plaintiffs are asking the court to reverse the closures of the Office of Civil Rights and Equal Opportunity and the Office of Transformation, halt staffing reductions, and reinstate employees who were wrongfully terminated, among other requests.

Broader Implications

This lawsuit comes amid growing concern from advocacy organizations over the erosion of the SSA’s customer service infrastructure.

If successful, the suit could help set a precedent for how federal agencies must ensure equitable access to public services for people with disabilities and older adults — especially during times of a national crisis or administrative change.

What You Can Do

If you or a loved one rely on Social Security benefits, there are resources available for you. You can request casework assistance from your member of Congress. You may consider contacting advocacy groups, such as Justice in Aging and the American Association of People with Disabilities. For further legal guidance based on your unique situation, find a special needs planning lawyer in your area.

For additional reading about benefits administered by the SSA, check out the following articles:

• Can I Collect Social Security and Still Work?
• Social Security Disability Benefits: An Overview
• Medicare and Social Security Disability Benefits
• Social Security Simplifies Online SSI Application