Legal Rights of the Disabled
The legal rights of the disabled are numerous; disability-specific laws and anti-discrimination statutes exist at both federal and state levels. One of the most important laws is the Americans with Disabilities Act (ADA), passed in 1990. Even if a disabled individual does not have extensive legal knowledge, he or she should make it a point to be familiar with this legislation.
For employers across the country, the ADA is one of the key pieces of federal legislation in forcing acceptance and integration of people with disabilities into everyday work environments. Additionally, the ADA has been called the most significant piece of civil rights legislation passed since the 1960s. The legislation prohibits discrimination against individuals because of their disabilities and mandates reasonable accommodation in public and private facilities , such as schools, workplaces and government buildings.
Another crucial statute is the Rehabilitation Act of 1973, which outlaws discrimination against disabled individuals. The act mandates that federal government agencies and federal contractors must employ individuals regardless of any physical or mental disability.
The ADA defines those who qualify for its benefits as persons with impairments that substantially limit major life activities. Additionally, the ADA protects individuals with a perceived disability. While the ADA only applies to members of private sector groups with more than 15 employees, state-level disability laws may go farther, extending to employers who employ five or even just one employee.
Where to Locate Free Legal Aid Services
Finding Free Legal Help for the Disabled: A Comprehensive Guide
The following is a sampling of organizations, programs and resources that offer free legal aid services to the disabled.
Legal Aid Societies
Legal aid societies are nonprofit organizations that provide free legal services or low-cost legal assistance to low income residents. Legal aid societies offer assistance with mortgage foreclosure, bankruptcy, unemployment benefits, divorce, custody, fraud, Medicaid, Medicare, Medicaid planning and consumer debt issues. To find a legal aid society in your state, visit National Legal Aid and Defender Association.
Pro Bono and Legal Aid Programs
Pro bono is the Latin phrase for "for free" or "for public good." Pro bono programs recruit and coordinate volunteer attorneys who represent people and nonprofits free of charge. Pro bono programs get their names from the towns they are based in:
IOLTA Programs
IOLTA (Interest on Lawyer Trust Accounts) programs are programs run by state bar associations that provide funding for legal services to the poor and education programs for the public about the law.
Law School Clinics
Lawyers are not the only ones who volunteer their time to meet the needs of the bar. Law school clinics allow student lawyers to learn vital practical legal skills while providing no-cost legal assistance to the lower income community. Students work under the watchful eye of licensed attorneys who supervise the clinic. Some law school clinics even cater to specific populations, such as persons with disabilities.
LawHelp.org
LawHelp.org is a free website that helps users easily find legal information and advice online. At LawHelp.org, you enter your ZIP code to get a free list of legal organizations in your area, as well as up-to-date information about courts, judges’ contact info, population demographics and more.
LawHelp Interactive
LawHelp Interactive is a project of the Center for Access to Justice and Technology at the Chicago-Kent College of Law and the LawHelp Collaborative. Codewriters, judges and lawyers have worked together to produce documents that guide users through the process of creating simple court forms, such as a divorce petition.
Federal and State Programs
Some instances of disability, such as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), have comprehensive federal and state programs with teams of experienced administrators, attorneys and social workers that can provide assistance.
Eligibility Requirements for Free Legal Help
We’ll explain in detail how you can qualify for free legal help, and the documentation you may need to provide. In addition, we’ll clarify any criteria that must be considered when you’re disabled or coping with a disability.
Eligibility:
To qualify for free legal assistance, you need to be able to demonstrate that you do not have the ability to pay for legal aid services yourself. In general, the factors that govern one’s eligibility include the following:
Financial Needs: Most legal aid offices will require proof that you do not have adequate resources to pay for a legal service. You will likely need to fill out a financial application that requests information about your income, assets, and family size.
Documentation:
When your documentation has been submitted, the office will review your application to determine whether or not you qualify for free legal assistance. This is typically accomplished by determining whether you fall below certain federal poverty guidelines that are set for each year. If you can prove that you cannot pay for a lawyer in full, that you require assistance, and that your case is one that the legal aid office is able to accept, you should be able to qualify easily.
For example, if you file bankruptcy on your own but then realize that your case is messier than expected, you may need to enlist legal aid assistance. If you are facing eviction, on the verge of losing your home, require legal assistance to file for Social Security disability benefits, are the victim of disability discrimination, or require a divorce, legal aid may be able to help you as well with these needs.
While you should expect to submit financial statements, Teresa Anderson, Director of the Senior Legal Hotline at the Los Angeles County Bar Association, emphasizes that other factors are taken into consideration besides just your income. For example, she reports that most of our callers medical expenses and/or their housing and living circumstances can have a significant role on their financial resources, while still preventing them from being able to afford legal assistance entirely.
Common Legal Issues for the Disabled
Disabled individuals often require legal guidance on a number of matters to receive the full support available. Some common issues may include concerns with receipt of disability benefits, including: Medicaid and Medicare, Social Security Income (SSI), state assistance or Vocational Rehabilitation, and Medical Assistance programs. Disability discrimination is another hot-button issue. It is illegal to discriminate against someone based on their disability; disabled individuals should not be denied housing, medical care, transportation , or employment opportunities or be placed in an unfair workplace insurance classification. Seeking legal help may also be necessary to develop an estate plan or begin special needs planning; the right plan can provide much needed financial security for people with disabilities. A third area requiring legal assistance is that of access to the community. When mobility devices are replicated nationally, they should be everywhere so disabled individuals can shop for supplies, go to places of worship, and pursue education. In addition to these particular areas, there are many other legal issues, such as personal injury, landlord and tenant disputes, and workers compensation, that may require assistance from an attorney.
What to Do When You Need Legal Aid
Step 1: Contact a Legal Aid Organization
Call or visit a legal aid organization that specializes in disability law and may provide legal assistance. Be prepared to explain your case briefly and provide any documentation that they may require to assess your situation. In some areas, you may also be able to contact volunteer lawyers who have agreed to take pro bono cases for disabled individuals. Be aware that each of these organizations will likely have limited time and capacity to take your case. If asked, explain you would like to have a professional evaluate the circumstances of your case to see if they can help.
Step 2: Prepare Your Case
Prepare any documentation that may contribute to your case and any other information you may have on your disability, including documentation of medical conditions, any communications you may have received, and other information that may support your case or request for aid.
Step 3: Let Them Review Your Information
Let the legal aid organization review your information and determine if they may be able to help you. They will evaluate the following categories:
If they determine that they will not be able to assist you, ask them to refer you to any other potential resources that may better assist you with your case. If they can assist you, you will then be able to discuss retainer, attorney fees, and other information that will help with the next steps.
Step 4: Meet with Legal Aid Personnel
If you are found to be eligible for assistance, you may be transferred to an attorney who will help you to better assess your case and determine the necessary steps to take. Be prepared to answer questions about your case and potentially complete further forms that will enable them to advocate on your behalf.
Step 5: Follow the Instructions of Your Attorney
Once they determine that they can assist you, your newly assigned attorney will be able to provide even further instruction on how to help with your case. If you find yourself unhappy with the decision they make, do not hesitate to seek a second opinion from another organization.
Additional Support Services
There are several online platforms and resources that can help connect disabled individuals with legal assistance. Disability Rights Advocates, for example, is a national nonprofit that takes on important cases on behalf of disability and healthcare rights. They recruit pro bono attorneys and law firms to handle these cases in the hopes of improving the lives of the disabled community. The platform has handled cases ranging from internet accessibility issues to unfair requirements for disability benefits applications.
Legal services like the National Disability Rights Network can also refer clients to a variety of resources and support networks they might need to find a solution to their legal issue. And government-funded programs , such as the National Legal Aid and Defender Association, provide national support for more than 900 legal aid and defender organizations in the U.S.
Online platforms can also offer tele-legal help. The Pro Bono Net, for example, supports many national and local online initiatives through their Online Self Help Center and moderated online support communities. The platforms serve as training tools for non-lawyers and volunteers and even have the potential to generate pro bono opportunities.