Social Security Administration

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This memorandum addresses the legal obligation of the Social Security Administration to provide qualified sign language interpreters to deaf individuals using Social Security offices. Federally conducted programs such as the Social Security Administration (SSA) must comply with Section 504 of the Rehabilitation Act of 1973, 29 USC Š794, as amended. SSA has adopted the regulation for federally conducted programs promulgated by the US Department of Health and Human Services. That Regulation requires SSA to provide effective communication with deaf persons by provision of auxiliary aids (e.g., interpreters). 45 CFR 85.51. The Regulation specifies that:

In determining what type of auxiliary aid is necessary, the agency shall give primary consideration to the requests of the individual with handicaps.

45 CFR 85.51(a)(1)(i).

This requirement ensures that the decision as to what is an appropriate auxiliary aid will generally be left to the individual most equipped to make that decision - the deaf individual. The Analysis of the Regulation explains the limitations of relying on means of communication other than interpreters:

In some circumstances, a notepad and written materials may be sufficient to permit effective communication with a hearing-impaired person. In many circumstances, however, they may not be, particularly when the information being communicated is complex or exchanged for a lengthy period of time (e.g., a meeting) or where the hearing-impaired applicant or participant is not skilled in spoken or written language. In these cases, a sign language interpreter may be appropriate.

53 Fed Reg. 25602 (July 8, 1988).

The HHS Regulation requires the Social Security Administration to inform deaf applicants and beneficiaries of this responsibility to provide auxiliary aids. 45 CFR Š85.51(b).

In response to these requirements, the Social Security Administration has developed a policy for provision of interpreter services. This policy states clearly that interpreters will be provided when deaf claimants need this service:

A. POLICY

As mandated by Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112), the Social Security Administration will attempt to ensure maximum accessibility of all SSA programs and proceedings to deaf and hard of hearing persons. This policy provides for the purchase of interpreter service whenever necessary to insure accurate communication.

In no event is a deaf person required to use a sign language interpreter with whom he/she cannot communicate. If the individual or SSA determines that accurate communication is not occurring, the interviewer will terminate the interview until a qualified interpreter (see B.3 below) is located and protect the filing date, if applicable.

The deaf/hard-of-hearing person may provide his or her own sign language interpreter at no cost to SSA. However, the utilization of the services of certified interpreters is the preferred option when available. District and/or branch manager and administrative law judges may authorize payment for sign language interpreter services and related expense whenever necessary. Such payments may be made upon prior approval. This authorization is within the local purchase authority.

B. DEFINITIONS

1.  Sign language interpreter. A sign language interpreter is any person who is capable of sending signs and interpreting for a deaf/hard-of-hearing person, and understanding signs and interpreting from a deaf/hard-of-hearing person, with accuracy.

2.  Certified sign language interpreter. A certified sign language interpreter is any person who has been certified by the national Registry of Interpreters for the Deaf or by any State Registry of Interpreter for the Deaf, or named on a list of interpreters compiled by the National Association of the Deaf and/or any State Association of the Deaf.

3.  Qualified sign language interpreter. For SSA purposes, a qualified sign language interpreter is any person certified as defined above, or any person who is acceptable both to the deaf/hard-of-hearing individual and the SSA approving official.

Social Security Administrative Program Operating Manual System [POMS] GN 00203.012.

Each Social Security Office should have effective procedures for complying with these requirements, determining the method of communication the deaf person prefers, and procuring interpreter services.

To request an interpreter at a local Social Security office, contact that office directly. Deaf callers may also call 1-800-325-0778 (TTY) and ask for an appointment with an interpreter at a specific local office. The national operator will arrange the appointment through the local office. If a local office refuses to provide an interpreter when requested, the Social Security Administration Office for Civil Rights and Equal Opportunity will accept and investigate complaints against non-complying offices.

To file an official complaint of discrimination against a Social Security office that refuses to provide an interpreter, contact the Social Security Administration at  1-866-574-0374 V, or at the following address:

Ask the SSA to send Form SSA-437 (Civil Rights Discrimination Complaint Form).

The National Association of the Deaf (NAD) Law and Advocacy Center prepared this material as informal guidance. This is not legal advice. The NAD assumes no liability for this material.

For additional information or technical assistance about how laws against disability discrimination apply to you, contact the NAD Law and Advocacy Center, 301-587-7730 Voice/TTY, 301-587-0234 FAX, www.nad.org/contactus; a local attorney (for more information, see  Get a Lawyer); or an enforcement agency (see list at www.ada.gov or call 800-514-0301 Voice or 800-514-0383 TTY).