Best Disability Lawyers in Marina del Rey

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V. James DeSimone Law
Marina del Rey, United States

Founded in 2015
English
V. James DeSimone Law is a Southern California practice dedicated to civil rights, employment law, and catastrophic personal injury litigation. Led by V. James DeSimone, the firm draws on more than 30 years of trial experience to pursue justice for individuals whose rights have been violated or who...
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About Disability Law in Marina del Rey, United States

Disability law protects the civil rights of people with disabilities across employment, housing, public accommodations, transportation, and access to government programs. In Marina del Rey, a neighborhood within the City of Los Angeles, these protections combine federal, state, and local rules to ensure equal access and fair treatment. Local residents frequently encounter issues with housing accessibility, marina facilities, and service access in commercial establishments along the harbor and nearby communities.

Federal law, state statutes, and local ordinances work together to prohibit discrimination and require reasonable accommodations. The Americans with Disabilities Act (ADA) governs many public and private sector activities at the federal level, while California law strengthens protections in employment, housing, and public life through FEHA and related statutes. For Marina del Rey residents, understanding how these layers interact is essential to securing meaningful access and remedies.

The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, public services, and accommodations. Source: ADA.gov

For reliable, jurisdiction-specific guidance, consult official sources such as the U.S. Department of Justice and the California Department of Fair Employment and Housing. These agencies provide rights outlines, complaint processes, and steps for obtaining accommodations in California communities like Marina del Rey. See ADA.gov and DFEH.ca.gov for authoritative information.

Why You May Need a Lawyer

  • Housing accessibility disputes in a Marina del Rey apartment complex. If an HOA or landlord refuses reasonable modifications to a rental unit or fails to provide accessible common areas, a lawyer can help you pursue FEHA and Unruh Act protections and negotiate modifications.
  • Discrimination in employment at a local hospitality or service employer. If a Marina del Rey employer denies accommodations, discharges you for disability, or imposes unreasonable policies, legal counsel can guide you through FEHA protections and potential remedies.
  • Denied access to public marina facilities or businesses. When a shop, restaurant, or service at the harbor is not accessible, counsel can advise on ADA obligations for public accommodations and help pursue enforcement or settlements.
  • Service animal access disputes at Marina del Rey venues. If a business refuses entry for a trained service animal, a lawyer can help you assert ADA rights and clarify permissible inquiries and documentation requirements.
  • Applications for Social Security Disability Insurance (SSDI) or appealing a denial. A lawyer can organize medical evidence, handle the appeal process, and represent you at hearings in complex disability cases.
  • Modifications to a dwelling or HOA rules in a disability-related context. If changes to parking, ramps, or interior layouts are blocked, counsel can help you pursue both FEHA and Unruh Act avenues for access.

Local Laws Overview

Marina del Rey residents are protected by federal law and California statutes that address disability rights in housing, employment, and public life. Key authorities include the ADA for public accommodations and employment, and California state law that governs non-discrimination and reasonable accommodations.

  • Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. Applies to places of public accommodation and employment and establishes the baseline for accessibility and equal access in Marina del Rey businesses, government services, and transit-related facilities. The ADA Amendments Act of 2008 broadened the definition of disability and strengthened access protections, with enforcement by the Department of Justice and EEOC. Effective 1990 for the original law; AD AAA provisions effective 2009.
  • California Fair Employment and Housing Act (FEHA), Gov. Code § 12900 et seq. Prohibits disability discrimination in employment and housing within California and requires reasonable accommodations where feasible. Enforcement is conducted by the California Department of Fair Employment and Housing (DFEH). FEHA has been updated repeatedly since its inception to reflect evolving disability concepts and remedies.
  • California Civil Code Section 51 and 54 (Unruh Civil Rights Act and Disabled Persons Act). These statutes prohibit discrimination by business establishments and protect disabled persons in access to public services and facilities. They operate alongside FEHA to provide broader protections in Marina del Rey and the broader Los Angeles area. See California Legislative Information for the text of sections 51 and 54.

Recent changes in disability jurisprudence at the state and federal levels emphasize strong protections for accessibility and reasonable accommodations, with continued emphasis on enforcement in housing and public commerce. For authoritative details, consult ADA.gov and DFEH.ca.gov, and review the text of Civil Code sections 51 and 54 on leginfo.legislature.ca.gov.

Frequently Asked Questions

What is disability law and who does it protect?

Disability law protects people with physical or mental impairments from discrimination in employment, housing, and public spaces. It also ensures access to services, transportation, and government programs. In Marina del Rey, these protections apply alongside local ordinances and state regulations.

How do I qualify for workplace accommodations under FEHA?

You qualify if a health condition limits a major life activity and you request a reasonable accommodation. Employers must engage in a good faith interactive process to identify suitable modifications unless it creates an undue hardship.

When can I file an ADA complaint against a public accommodation?

You can file if a business or service denies access or refuses to modify policies for a disability. Complaints may be directed to the Department of Justice or the EEOC, depending on the issue, with remedies including modifications and damages.

Where do I file a disability discrimination complaint in California?

Employment and housing complaints go to the California Department of Fair Employment and Housing. Federal public accommodation issues go to the U.S. Department of Justice or the EEOC. Both paths can lead to investigations, orders, and penalties.

Why might a service animal request be denied by a business in Marina del Rey?

A business may ask two questions about the animal or its function, but they cannot require documentation of training. Courts generally favor service animal access unless there is a direct threat or extreme disruption. ADA protections apply nationwide, including Marina del Rey.

Can I appeal a Social Security disability benefits decision?

Yes, you can request reconsideration within 60 days of a decision, then proceed to a hearing before an administrative law judge if denied. Many cases proceed through several levels before a final determination.

Should I hire a lawyer for a SSDI claim in the Los Angeles area?

Hiring a lawyer can help collect medical evidence, prepare legal arguments, and navigate hearings. Disability benefits lawyers in California often work on a contingency basis for past-due benefits, subject to SSA rules.

Do I need a lawyer to handle a housing accessibility modification request?

Not required, but a lawyer can facilitate negotiations, gather medical documentation, and ensure compliance with FEHA and Unruh Act standards. They can also help with escalation if a landlord or HOA stalls modifications.

How long does it take to resolve a disability discrimination case in California?

Administrative complaints may take several months, while court cases can span 12-24 months or longer depending on court calendars and issues involved. Mediation can shorten timelines in many instances.

What is the typical fee for a disability attorney in California?

For SSDI matters, SSA sets attorney fees at up to 25 percent of past-due benefits, capped by statute. For FEHA housing or employment matters, fees are usually hourly or contingent on settlement, per the attorney’s agreement.

How do I prove that my disability qualifies for an accommodation?

Provide current medical documentation detailing functional limitations and how the modifications remove barriers. A physician's letter and objective tests strengthen your request during the interactive process.

Is mediation available in disability discrimination disputes in Marina del Rey?

Yes, many disputes are eligible for mediation through state agencies, the courts, or private mediators. Mediation can reduce costs and expedite resolution while preserving options for settlement.

Additional Resources

The following organizations and government bodies offer official information and, in some cases, direct assistance with disability rights and legal claims in California:

  • U.S. Department of Justice - ADA Information about rights and obligations under the Americans with Disabilities Act, complaint processes, and accessibility standards. Website: ada.gov
  • California Department of Fair Employment and Housing (DFEH) State agency enforcing FEHA rules for employment and housing discrimination, and providing resources on reasonable accommodations. Website: dfeh.ca.gov
  • Disability Rights California (DRC) Nonprofit organization offering advocacy, information, and legal assistance to people with disabilities in California. Website: disabilityrightsca.org

Next Steps

  1. Clarify your disability and accommodation needs. Write a brief summary of access barriers, goals, and the desired accommodations. Timeline: 1-2 days.
  2. Identify potential disability law attorneys in the Los Angeles and Marina del Rey area. Check bar status, practice focus, and client reviews. Timeline: 1-3 weeks.
  3. Gather key documents for evaluation. Collect medical records, housing leases, emails with the landlord or employer, and any related correspondence. Timeline: 1-2 weeks.
  4. Schedule consultations with 2-3 qualified attorneys. Prepare questions about fees, strategy, and expected timelines. Timeline: 2-4 weeks.
  5. Review fee structures and sign a retainer if a good fit. Confirm whether the attorney works on contingency for SSDI or hourly/flat fees for FEHA matters. Timeline: 1-2 weeks after consultations.
  6. Approve a case plan and begin advocacy or litigation. Your attorney will draft demand letters, file complaints, or prepare for hearings. Timeline: 2-6 weeks to start, depending on the case.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.