Navigating the Complexities of Disability Law: How an Attorney Can Help

Dealing with a disability can be challenging. There are several federal and state programs designed to help people with disabilities, from school laws that require accommodations for students with special needs to the Americans with Disabilities Act (ADA) and disability benefits. An attorney who specializes in disability law can help you navigate the landscape, including Social Security (SSI), Social Security Disability Insurance (SSDI), the Individuals with Disabilities Education Act (IDEA), worker’s compensation, and more.

People with significant mental or physical disabilities may be eligible for SSDI or SSI. However, Social Security may deny your application for benefits. In fact, many eligible people get their initial claims denied. A lawyer can help you navigate the benefit application process, securing your benefits and helping you protect your future.

One of the biggest challenges for people with disabilities is getting access to education. The IDEA goes a long way towards guaranteeing that access. To ensure that it is handling the needs of identified children, schools should have Individualized Education Programs (IEPs) for every identified student with special needs. However, these programs can often be cookie-cutter, instead of individualized, which deprives people of the benefits guaranteed by the law. If a family is struggling to get the appropriate education for their child, a disability lawyer may be able to help.

If you are disabled because of work, you may be eligible for temporary disability benefits. They may be through workers’ compensation or a temporary disability program. In addition, your employer may offer group disability benefits through its Employee Retirement Income Security Act (ERISA) program. A lawyer can help you avoid common mistakes that lead to ERISA disability denials.

While federal and state laws protect people with disabilities, the reality is that many people still fail to comply with the ADA and similar laws. That is why it is critical for people to understand their rights under the ADA. For example, people with service dogs are allowed to take them into businesses. However, emotional support animals are not service animals. The ADA also governs things like handicap accessible restrooms, parking, ramps, etc.

Disabled veterans may have special rights. For example, they may get veteran disability benefits even for injuries, such as hearing loss, which are cumulative and did not occur at the time of service. Furthermore, there are benefits for family members if a veteran is totally and permanently disabled.