Lisa Marie Irvin, Amy Bonano and The National Federation of the Blind Inc. v. Kilolo Kijakazi
Published: Mar. 15, 2024 | Result Date: Oct. 2, 2023 | Filing Date: Aug. 28, 2017 |Case number: 3:17-cv-01730-KSC Settlement – Non-monetary relief
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Melinda R. Bird
(Disability Rights California)
Autumn Marie Elliott
(Disability Rights California)
Defendant
Katherine L. Parker
(Office of the U.S. Attorney)
Facts
On August 28, 2017, Lisa Irving, Amy Bonano, and the National Federation of the Blind filed suit against Andrew Saul in his official capacity as Commissioner of the Social Security Administration (SSA).
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant violated the Rehabilitation Act's Section 504 by denying blind individuals an equal opportunity to access its Visitor Intake Processing kiosks.
DEFENDANT'S CONTENTIONS: Defendant denied plaintiffs' allegations.
Result
The case settled. Aspects of the settlement required the SSA to ensure that the kiosks meet certain requirements allowing for more assistive and adaptive use for blind individuals, such as accessible headphones, and improved Braille instructions. Moreover, the SSA agreed to retain an accessibility expert to ensure the kiosks' compliance; train all appropriate personnel; and outreach efforts. Plaintiffs were also provided attorneys' fees and costs of $332,969.50. Though the parties settled in February 2020, due to COVID-19 pandemic's impact, implementation of certain settlement provisions were not completed as required by the agreement. Therefore, with Kilolo Kijakazi as the current SSA commissioner, the agreement was amended on October 2, 2023, to reflect new compliance dates and payment of $45,000 for plaintiffs' attorneys' fees and costs.
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