Best Disability Lawyers in Brooklyn

About Disability Law in Brooklyn, United States

Disability law in Brooklyn combines federal, state, and city rules that protect people with disabilities from discrimination and secure access to benefits, services, and public spaces. Key federal laws include the Americans with Disabilities Act and the Rehabilitation Act. New York State and New York City have additional protections through the New York State Human Rights Law and the New York City Human Rights Law, which often provide broader remedies than federal law. In Brooklyn, these laws affect employment, housing, public accommodations, transportation, special education, and access to government programs and benefits such as Social Security Disability Insurance and Supplemental Security Income.

Why You May Need a Lawyer

People commonly seek a disability lawyer in Brooklyn for many reasons, including:

- Denial of Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits or difficulty navigating appeals.

- Workplace discrimination or wrongful termination related to a disability, or disputes over reasonable accommodations.

- Housing discrimination or refusal of landlords to provide reasonable modifications or accommodations.

- Denial of access to public places, transportation, or city services because of disability.

- Disputes over special education services, individualized education programs - IEPs - or school-based accommodations.

- Denials or complications with Medicaid, Medicare, or other public benefits tied to disability status.

- Guardianship, power of attorney, or capacity-related legal matters where disability affects decision-making.

- Need to obtain medical records, expert opinions, or prepare for administrative hearings before an ALJ or other tribunals.

Local Laws Overview

Key legal frameworks and local considerations in Brooklyn include:

- Americans with Disabilities Act (ADA) - Federal law that prohibits disability discrimination in employment, public accommodations, and state and local government services.

- Section 504 of the Rehabilitation Act - Prohibits disability discrimination by entities receiving federal funds, including many public agencies and schools.

- Fair Housing Act - Federal protections against housing discrimination based on disability; requires reasonable modifications and accommodations.

- New York State Human Rights Law - Provides broad protections against disability discrimination in employment, housing, and public accommodations and can allow additional remedies.

- New York City Human Rights Law - One of the strongest local protections, enforced by the NYC Commission on Human Rights, covering employment, housing, public accommodations, and city services.

- Individuals with Disabilities Education Act - Federal law governing special education rights for children with disabilities and procedural safeguards for parents and students.

- Social Security rules - Federal standards for SSDI and SSI eligibility, and an administrative appeals process for denied claims.

- City and state accessibility rules - Building codes, transit accessibility requirements, and local agency rules can affect access to buildings, sidewalks, and public transit in Brooklyn.

Enforcement can involve administrative agencies, civil litigation, or both. Remedies may include monetary damages, injunctive relief to remove barriers, reasonable accommodation orders, attorneys-fee awards, and reinstatement in employment cases.

Frequently Asked Questions

How do I know if I qualify for Social Security Disability benefits?

Qualification depends on two main factors - medical eligibility and work history for SSDI or financial need for SSI. Medical eligibility requires a medically determinable impairment that meets Social Security definitions and prevents substantial gainful activity. SSDI also requires sufficient recent work history and contributions to Social Security. SSI focuses on limited income and resources. Because rules are complex, many applicants consult a lawyer or advocate to review medical records and work history before applying.

What should I do if my SSDI or SSI claim was denied?

Denials are common. There is an administrative appeals process: request reconsideration, request a hearing before an Administrative Law Judge, seek review by the Appeals Council, and then file in federal court if needed. Time limits apply for filing appeals, so act quickly - many claimants work with a lawyer who handles appeals on a contingency-fee basis and helps gather evidence and prepare for hearings.

Can my employer fire me because I have a disability?

No. Federal and local laws generally prohibit firing someone solely because of a disability. Employers must provide reasonable accommodations that do not impose an undue hardship. However, an employer may terminate employment for legitimate, non-discriminatory reasons that are unrelated to the disability. If you believe you were fired because of your disability or after requesting accommodations, consult a lawyer to evaluate whether you have an employment-discrimination claim.

What is a reasonable accommodation and how do I request one?

A reasonable accommodation is a change or adjustment to a job, workplace, housing, or service that allows a person with a disability to participate fully. Examples include modified work schedules, accessible entrances, assistive technology, or changes to policies. Request accommodations in writing when possible, describe the limitation and the specific adjustment sought, and keep copies. If the request is denied or ignored, you may have legal remedies through an administrative complaint or lawsuit.

My landlord refuses to allow modifications I need - what can I do?

Under federal, state, and city laws, landlords must permit reasonable modifications or provide reasonable accommodations for tenants with disabilities, subject to certain conditions. If a landlord refuses, document the request, keep records of communications, and consider filing a housing discrimination complaint with the NYC Commission on Human Rights, the NYS Division of Human Rights, or the U.S. Department of Housing and Urban Development. A lawyer can help evaluate claims and negotiate solutions or pursue enforcement.

How do I file a complaint about discrimination in a public place or city service?

For complaints in New York City, you can complain to the NYC Commission on Human Rights. For state-level issues, the NYS Division of Human Rights handles complaints. For federal claims under the ADA or Rehabilitation Act, you may need to file with a federal agency or bring a lawsuit. Because procedures and timelines differ, consult with an attorney or a local advocacy organization for guidance before filing.

What are the typical time limits for filing disability-related claims?

Time limits vary by claim and forum. Administrative benefit appeals, employment discrimination charges, housing discrimination complaints, and civil lawsuits each have different deadlines. Some deadlines are measured in days, months, or years. Because missing a deadline can bar your claim, start the process promptly and ask a lawyer or agency about specific time limits for your situation.

Do I need a lawyer for a Social Security hearing or an employment discrimination case?

You do not always need a lawyer, but having one often improves your chances, especially for Social Security hearings and contested employment or housing discrimination cases. Social Security lawyers often work on contingency and are experienced with ALJ hearings. Employment and housing cases may be handled by contingency-fee lawyers or civil-rights attorneys. Free clinics and legal aid may assist low-income clients.

How much will a disability lawyer cost in Brooklyn?

Costs vary by case type. Many Social Security disability lawyers work on contingency with fees regulated by the Social Security Administration for certain stages. Employment or housing cases may be handled on contingency, hourly, or flat-fee bases. Some nonprofit or government programs provide free or low-cost representation. Always ask about fee arrangements, billing practices, and any potential costs before hiring a lawyer.

Where can I find free or low-cost legal help in Brooklyn?

Brooklyn has several legal aid organizations, clinics, and advocacy groups that provide free or reduced-cost help for disability-related issues. Local bar associations often operate lawyer-referral services, and disability rights organizations can provide guidance and advocacy assistance. If you cannot afford a private attorney, contact legal aid providers or disability rights groups to learn about eligibility and available services.

Additional Resources

Helpful agencies and organizations in Brooklyn and New York State include:

- Social Security Administration

- NYC Mayor's Office for People with Disabilities

- NYC Commission on Human Rights

- New York State Division of Human Rights

- Disability Rights New York

- Legal Aid Society

- Brooklyn Bar Association Lawyer Referral Service

- Brooklyn Center for Independence of the Disabled

- New York State Office for People With Developmental Disabilities

- Local Brooklyn legal clinics and community-based disability advocacy organizations

Next Steps

If you need legal assistance related to disability in Brooklyn, consider these practical steps:

- Gather documentation - medical records, employment records, housing leases, communications, and any notices or denials. Organize them by date and keep copies.

- Act promptly - many claims have strict deadlines. Even if you are unsure, start the complaint or appeals process quickly and ask about timelines.

- Put requests in writing - when asking for accommodations or modifications, provide a clear written request and keep a record of responses.

- Seek a consultation - contact a disability attorney, legal aid provider, or advocacy organization for an initial review. Many offer free or low-cost consultations.

- Prepare for administrative steps - for benefits denials or discrimination claims, be ready to participate in hearings, mediation, or agency investigations.

- Consider alternative dispute resolution - mediation or negotiation can resolve many disputes more quickly than litigation.

- Keep a log - record dates, names, and summaries of conversations with employers, landlords, agency staff, and medical providers.

- Evaluate representation options - ask potential lawyers about experience with disability law, fee structure, expected timeline, and likely outcomes.

Taking these steps will position you to protect your rights effectively and access the benefits, accommodations, and remedies you need.