Understanding Discrimination in the Context of Social Security

Discrimination, as defined under U.S. law, occurs when an individual is treated unfairly or unequally based on certain protected characteristics. These typically include:

• Race
• Color
• Religion
• Sex
• National origin
• Disability
• Age

The Social Security Administration is bound by federal laws that prohibit discrimination in its programs. These include laws like the Civil Rights Act of 1964, Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA). Under these laws, the SSA cannot treat someone unfairly based on their race, disability, age, or other protected categories.

Grounds for Discrimination Claims Against the SSA

While discrimination in Social Security programs is prohibited, it’s important to understand the types of discrimination claims that could be relevant in the context of your experience with the SSA:

a) Discrimination Based on Disability

If you are applying for Social Security Disability benefits, you may face discrimination based on your disability. For example, if the SSA or its representatives treat you unfairly because of the nature of your condition, fail to accommodate your needs during the application process, or make biased decisions about your case, you may have grounds for a discrimination claim under the ADA or the Rehabilitation Act.

b) Discrimination Based on Race, Gender, or Other Protected Categories

If you feel that you were treated unfairly by the SSA because of your race, gender, age, or national origin, you could have grounds to sue for discrimination under the Civil Rights Act. For example, if your claim is processed more slowly or if you are denied benefits for reasons unrelated to the facts of your case, and you can prove that race or gender was a factor, you may be able to take legal action.

c) Discriminatory Practices in the Processing of Claims

If there is evidence that the SSA has established discriminatory practices in the way it processes certain types of claims (e.g., those from minority groups or specific regions), you might have a potential claim of systemic discrimination.

Can You Sue the Social Security Administration?

While it is possible to file a complaint if you believe you were discriminated against by the SSA, suing them directly is not always the first step. Here’s how you can proceed:

a) File a Complaint with the SSA

If you believe you have been discriminated against by the SSA, you can file a discrimination complaint with the Office of Equal Opportunity and Workforce Diversity (OEOWD) at the SSA. The complaint must generally be filed within 180 days of the discriminatory incident.

• Contact the SSA’s Equal Opportunity Office: This is the first step in resolving the issue. If the complaint is found to have merit, the SSA may attempt to resolve the matter internally.
• Request an Investigation: If you think the discrimination is systemic or widespread, you can request an investigation into the SSA’s practices.

b) File a Civil Rights Complaint

If your issue is not resolved within the SSA, you can file a civil rights complaint with the U.S. Department of Justice (DOJ) or the Equal Employment Opportunity Commission (EEOC). These agencies can investigate the claim further and may file a lawsuit on your behalf if warranted.

c) Lawsuit in Federal Court

If all other attempts fail and the issue remains unresolved, you may be able to take legal action by suing the SSA in federal court. However, it’s important to note that sovereign immunity typically limits your ability to sue a government agency like the SSA. That means, while you can file a claim, your legal options may be restricted.

What Happens If You Win Your Discrimination Lawsuit?

If your discrimination lawsuit against the SSA is successful, several outcomes are possible:

• Compensation: You may receive financial compensation for damages, including pain and suffering, lost benefits, or any other harm caused by the discriminatory actions.
• Policy Changes: In cases of systemic discrimination, the court may order the SSA to change certain practices or policies to ensure that discrimination does not continue in the future.
• Reinstatement of Benefits: If discrimination led to the wrongful denial of benefits, the court may order the SSA to approve your claim and provide you with any benefits that were improperly denied.