what can a disability rights attorney help me with

An attorney can help gather the documentation needed to substantiate your claim, such as personal information (including information on your children or spouse); military information, if applicable; IRS forms; bank account information; addresses and phone numbers; detailed medical records and referrals; medication history; a list of prior employment history; and information on other disability claims, if applicable.

Full Answer

How can I get a disability lawyer for free?

Sep 23, 2014 · A Disability Attorney brings the training and experience necessary to present an effective argument in both the appeals and hearing process. In short, the Disability Attorney is knowledgeable about all levels of the disability application process. The Disability Attorney simply enhances your claim for Social Security Disability Benefits.

What is a disability lawyer?

Oct 27, 2021 · If you have a disability, you may: Seek help from poll workers trained to use an accessible voting machine, or Bring someone to help you vote You can also ask your election office what other options you have. Some states offer “curbside voting," when a poll worker brings everything you need to vote to your car.

What is disability rights?

Jun 17, 2021 · This gives us an idea of how important disability attorneys are when fighting for your disability benefits. So, what does a disability lawyer do? Here are some of the services you can expect from them: 1. Conduct an Initial Review of Your Case. When you first get in touch with a disability lawyer, they will conduct an initial review of your case.

What is disability advocate?

Oct 15, 2013 · Your Disability Attorney Can Speak For You Retaining an attorney to assist you with your claim also means that you do not have to speak with anyone at Social Security about your case. Your attorney will be able to help you fill out all the necessary forms, gather all the necessary evidence, and provide you with the status of your claim.

What are the disabled rights?

Convention on the Rights of Persons with Disabilities States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.

Can you get legal aid for disability discrimination?

Legal Aid is only available in certain areas of law, for instance it is possible to get legal aid for cases related to community care, Special Educational Needs, disability discrimination, mental health and mental capacity cases, as well as some housing, debt, family and immigration cases.

What do you know about disability rights in the United States?

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. ... To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability.Feb 24, 2020

Who fought for disability rights?

The fight for rights for disabled people slowly took shape in the United States, beginning in the early 1800s. Well-known persons such as Louis Braille and later, Helen Keller, made significant individual progress, and helped to focus attention on the issue of rights for disabled Americans.Aug 26, 2021

Is a long term mental health condition a disability?

A mental health condition is considered a disability if it has a long-term effect on your normal day-to-day activity. This is defined under the Equality Act 2010. Your condition is 'long term' if it lasts, or is likely to last, 12 months.

How do you calculate discrimination compensation?

To get a daily rate, divide the amount of your award by 365 and then multiply it by 8%. See the example schedule of loss for how to calculate interest. For injury to feelings, you'll get interest from the date the discrimination took place to the date of the hearing.Jan 28, 2019

What are three examples of disability discrimination?

5 Examples of Disability Discrimination in the WorkplaceExample #1: Not Hiring A Candidate Because of His Disability. ... Example #2: Failing to Accommodate An Employee's Disability. ... Example #3: Harassing Someone With A Disability. ... Example #4: Asking An Applicant to Take A Medical Exam Before A Job Offer Has Been Made.More items...•Oct 16, 2017

Is anxiety a disability?

Is Anxiety Considered a Disability? Anxiety disorders, such as OCD, panic disorders, phobias or PTSD are considered a disability and can qualify for Social Security disability benefits. Those with anxiety can qualify for disability if they are able to prove their anxiety makes it impossible to work.

What are examples of legal disabilities?

These medical conditions are:Deafness.Blindness.Diabetes.Cancer.Epilepsy.Intellectual disabilities.Partial or completely missing limbs.Mobility impairments requiring the use of a wheel chair.More items...

What disability does Alice Wong have?

spinal muscular atrophyShe was born with spinal muscular atrophy, a neuromuscular disorder.

What did Wade Blank do?

Wade Blank, 52, who led a national rights movement on behalf of disabled people. ... A Presbyterian minister, Blank was not disabled himself but was inspired to help the disabled after working in a nursing home in the mid-1970s.Feb 19, 1993

What Ableist means?

Ableism is the discrimination of and social prejudice against people with disabilities based on the belief that typical abilities are superior. At its heart, ableism is rooted in the assumption that disabled people require 'fixing' and defines people by their disability.Dec 12, 2019

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) protects the rights of people with disabilities. It guarantees equal opportunity in:Public accommodations...

Discrimination and Harassment at Your Job

The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination.Protections Included Under the LawTh...

Voter Accessibility Laws

Voter accessibility laws ensure that people with disabilities or language barriers are able to vote.If you know you’ll need accommodations on Elect...

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...

How Will My Attorney Help Me Get Ready For My Hearing?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...

Will My Attorney Arrange Witnesses For Me?

The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

How to explain disability?

After gathering all the information about your disability, they can formulate a theory for why you are disabled. They will then use this theory to argue that: 1 your condition meets a disability listing 2 you cannot go back to your previous work or engage in any substantial gainful activity 3 your “limitations” prevent you from working 4 you cannot even do a sedentary type of work

What happens if you have never applied for disability?

If you’ve never applied for disability benefits, they will assess your eligibility for disability. But if you’ve already been denied, they will look at what went wrong with your application. The information you’ll provide them about your denied disability is essential.

Who is Victor Malca?

Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers’ compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.

What is the SSA disability determination process?

The SSA’s disability determinations process uses an evidence-based approach in granting disability benefits. They will want you to prove that your disability really prevents you from going back to work or doing any type of income-generating activity.

What to do if your disability is denied?

If your claim gets denied at the initial application stage, you have the right to appeal the SSA’s decision. This is where an experienced disability lawyer can help you too. They can help you navigate the appeals process and file a request for reconsideration.

Who is Judy Ponio?

Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.

Access to Technology

It is critical that individuals with disabilities have equal access to technology.

Voting Rights

In litigation across the country, we seek to ensure that in-person and absentee voting is fully accessible to individuals with disabilities. To that end, we have brought lawsuits—and achieved successful outcomes, either through court orders or settlement agreements—against a variety of U.S.

Access to Standardized Testing

We fight hard to secure accessible and equal opportunities for high-stakes test-takers who need accommodations in order to ensure that they are tested on an equal playing field with their non-disabled peers.

Access to Housing & Public Accommodations

Our law firm has achieved significant victories for persons with disabilities under both the ADA and the Fair Housing Act, striking down discriminatory zoning ordinances and requiring accessible construction of housing and public buildings, including high-profile landmarks like Camden Yards.

Access to Education

We challenge discriminatory education policies in public schools and higher education, such as school districts that target students with disabilities for restraint and seclusion or that deny special education to young people who are incarcerated. We also take on universities that refuse to accommodate students with disabilities.

Access to Government

We are committed to ensuring that individuals with disabilities can communicate with the government conveniently and independently.

Employment

We represent individuals with disabilities whose employers refuse to provide the reasonable accommodations that those individuals need in order to work on equal footing with their colleagues. We have stood up for employees when employers refused to hire them because of their disabilities.

How to prove disability?

Next, your attorney will develop a "theory" of why you are disabled under Social Security disability law. Your attorney will write a legal brief for the judge explaining the theory of the case. There are three main possible "theories" an attorney can use to do this. Your lawyer can: 1 prove that your condition meets a disability "listing" 2 prove that you "grid" out of all work (including not being able to do your past work) 3 prove that your non-exertional limitations prevent you from working, or 4 prove that your exertion level is " less than sedentary ."

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

What are the rights of people with disabilities?

Members of DRBA commonly believe that: 1 The fundamental civil rights of people with disabilities are inadequately represented in our society. 2 Litigation and other legal advocacy strategies play a highly effective and necessary role in enforcing and advancing the rights of people with disabilities. 3 Networking and collaboration among attorneys who represent people with disabilities in such litigation and other legal advocacy strategies enhances the effectiveness of the overall legal services such attorneys provide. 4 Mentoring attorneys and law students who are new to the practice of disability rights law will improve access for people with disabilities to all aspects of our society.

What is DRBA in law?

The DRBA is an online network of attorneys who specialize in disability civil rights law.

What is BBI in education?

BBI is a research, education and advocacy organization dedicated to advancing the civic, economic and social participation of people with disabilities worldwide.

How to get disability approval?

To help you get approval at this stage, your lawyer can: 1 help you gather substantial medical evidence proving the extent of your disability 2 present a clear and concise argument as to why you deserve the benefits 3 negotiate your disability onset date 4 convince the Attorney Adjudicator on the specific merits of your case

What to do if your disability application is denied?

If your initial application got denied, you have the right to request a disability hearing. To skip the wait for the hearing, your lawyer can file for an on-the-record (ORD) decision. To help you get approval at this stage, your lawyer can: help you gather substantial medical evidence proving the extent of your disability.

How long does it take to get a disability claim?

According to the SSA, the average processing time for disability benefit claims is 103 days in 2018. But some disability reviews may take up to two years. Some factors that can affect the turnaround time include: A disability lawyer knows what the SSA wants to see and hear.

Who is Victor Malca?

Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers’ compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.

Who is Judy Ponio?

Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.

Access to Technology

• It is critical that individuals with disabilities have equal access to technology. Working with the National Federation of the Blind, we have increased the accessibility of commercial web pages and mobile apps through lawsuits against leading companies and entities such as America Online, Target, H&R Block, Monster.com, eBay, and the Boeing Employees Credit Union, among o…

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Voting Rights

Access to Standardized Testing

Access to Housing & Public Accommodations

Access to Education

Access to Government

Employment