Legal Rights of the Disabled
A number of laws and acts are designed to ensure that disabled individuals have the legal rights they need to live their lives free of discrimination and impediment. The Americans with Disabilities Act, or ADA, is one major law that specifies the need to prohibit discrimination against disabled people. Many people recognize that the right to access public buildings and transportation are guaranteed by the ADA, but the act also protects individuals against employment discrimination based on a disability. It even requires employers to make reasonable accommodations for disabled people in the workplace. Many Americans still have misconceptions about the "Americans with disabilities act". Many people do not realize, for example, that the act does not strictly set aside space and resources for people with disabilities. Rather , it requires that people be treated fairly and with no discrimination based on physical, medical or mental disabilities. It also guarantees equal opportunity in everything from workplaces to parks to day care facilities. There are even a number of provisions in various acts which guarantee that retired military veterans with disabilities receive the care and treatment they need. Of course, even with laws in place to protect the rights of disabled individuals, those rights are not always guaranteed to be upheld. Today, there are many legal firms that work specifically for the disabled to ensure that these laws are applied and understood. These firms work to ensure that each and every individual is given equal opportunity under the Americans with disabilities act and other such laws that are in place to protect them.
Categories of Free Legal Aid
There are various types of free legal services that are available to disabled persons. In general, these are advice, representation, and document preparation given by a qualified attorney in a particular field of the law. The areas typically addressed within these services include discrimination, benefits, housing, employment, and other legal issues disabled persons may encounter.
Disability lawyers can provide free or low-cost services in numerous areas through government-funded programs, state-funded programs, or through grants from private organizations. There are hundreds of organizations that help disabled clients with benefits, housing, and other legal issues.
Legal assistance from state and federally funded programs is generally provided either through legal aid centers, which offer low-cost or free legal services to low-income individuals, or through protection and advocacy agencies that provide legal help to persons with disabilities in more specialized areas of the law.
The services offered through these programs include advice on how to deal with the legal problem causally, representation to dispute the problem, and preparation of documents/uploads necessary to begin the legal process of disputing the problem. With some providers, these services may not be related directly to disability law, but could include access to help for broader civilian matters. It is best to check with providers to find out what services are specifically offered.
Partner programs can also be offered through private grants and social partnerships. These may be offered in cooperation/tandem with larger programs or with other community groups, which may offer representation, filing help, or other legal services with minimal costs attached. Grants and other funds from non-profits and other social service organizations help meet the legal needs of the disabled community.
How to Ensure Qualification for Free Legal Services
A few of the qualification criteria are particularly important for disabled individuals. Most legal aid offices welcome calls from disabled, blind, and elderly individuals.
Assets Guidelines
Some legal aid offices set strict limits on asset value for applicants. The specific amounts vary by office and practice area, but total household assets of more than $10,000 may disqualify applicants for many types of services. In some instances, an assessment of special needs can increase the allowable asset limit. For example, a legal aid office may count a house valued under $120,000 to be an exempt asset for those with disabilities.
Income Guidelines
In addition to qualifying under the other guidelines, legal aid applicants must generally also fall below a certain income level. Some legal aid offices set these limits according to the poverty line, while others instead set them according to the amount of Social Security income. The eligibility thresholds can vary by state and by office. Legal aid offices may require documentation of income to evaluate applications.
Locating Free Legal Support
Nationwide, there are many organizations providing free legal help to the disabled community. Many states have separately incorporated Legal Aid Societies that provide assistance to anyone regardless of physical or mental disability. Additionally, each of the 50 states has a protection and advocacy organization that provides legal representation specifically for disabled individuals such as administrators of government benefits , nursing homes, personal debt, estates, and much more. Here are some of the leading organizations that help people with disabilities find free legal representation: Legal Aid Society Disability Rights Organizations US Department of Health and Human Services
Pros of Free Legal Services
Legal disputes can be challenging for anyone, but they can present unique challenges for persons with disabilities. While this population can benefit greatly from the advice and expertise of a veteran attorney who has handled similar legal issues in the past, the cost of representation often prevents individuals lacking funds from retaining an experienced lawyer.
Fortunately, there are a number of organizations that provide disabled people with free legal services. Disability Rights California is one such organization that specializes in offering free legal help to disabled individuals struggling with a variety of legal matters. Working with this type of organization allows disabled individuals to access the legal help they need without worrying about whether they’ll be able to afford the services in the future.
Using free legal services provides many benefits for disabled individuals. Among these is a considerable cost savings. Rather than having to pay high legal fees, the client is able to access the legal services he or she needs at no cost.
Accessibility is another significant benefit of working with organizations such as Disability Rights California. Many of these groups cater specifically to those with disabilities so that the services offered are easily accessible to the intended population.
Additionally, individuals accessing free legal services benefit from having access to experienced legal counsel who can help them to achieve a fair outcome in their case or resolve other pressing legal issues.
Pitfalls to Consider
The major challenge for disabled individuals seeking access to free legal services is that some organizations and firms will have considerable waiting lists if they have limited staff available. The other option is for the disabled person to contact a large law firm, which may or may not have a pre-existing reduced rate or pro bono program established .
It is important that disabled individuals verify the credentials of anyone or any organization offering pro bono legal services, as some may be less than legitimate. You should look for experienced advocates and established and widely known local legal aid and disability rights groups in your state or area to avoid issues.