Best Disability Lawyers in Maryland

About Disability Law in Maryland, United States

Disability law in Maryland is designed to protect the rights and dignity of individuals with physical, mental, or developmental disabilities. The law covers a broad range of areas including access to public facilities, employment discrimination, education, housing, healthcare, and access to government services. Maryland follows federal laws such as the Americans with Disabilities Act (ADA), but also has its own state-specific rules and protections that further support individuals with disabilities. These laws ensure that people with disabilities have equal opportunities and are protected from unfair treatment or barriers in daily life.

Why You May Need a Lawyer

There are various situations where legal assistance may be essential for individuals with disabilities or their families in Maryland. Common reasons for needing a disability lawyer include:

• Denial of Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits
• Employment discrimination based on disability, such as wrongful termination or failure to provide accommodations
• Difficulty accessing necessary accommodations in public spaces, schools, or housing
• Challenges with Medicaid, Medicare, or private health insurance coverage for medical equipment or services
• Issues related to guardianship, special needs trusts, or other legal planning for adults or children with disabilities
• Experiencing discrimination in transportation, public programs, or private businesses
• Problems with Individualized Education Programs (IEPs) or Section 504 plans in schools

A lawyer can help explain your legal rights, represent you in disputes, assist with appeals, and ensure you receive the accommodations and benefits you are entitled to under the law.

Local Laws Overview

While federal laws provide a foundation, Maryland has additional statutes and regulations to support people with disabilities:

• Maryland Commission on Civil Rights (MCCR): State law prohibits discrimination based on disability in employment, housing, public accommodations, and state-funded programs.
• Education: Maryland law supports the enforcement of IEPs and 504 plans, ensuring children with disabilities receive a free and appropriate public education.
• Accessibility: Maryland’s Public Buildings and Facilities Accessibility Standards ensure state and local government buildings and programs are accessible.
• Health and Mental Hygiene: State provisions support individuals with developmental disabilities or behavioral health needs, and outline the rights of patients in state institutions and community settings.
• Service Animals: Maryland supports the right of people with disabilities to be accompanied by service animals in most public places and housing situations.
• Guardianship: Maryland courts oversee guardianship arrangements for adults with disabilities who cannot manage their affairs.

Violations of these laws can be addressed through state agencies, administrative hearings, or civil lawsuits with the help of an attorney.

Frequently Asked Questions

What qualifies as a disability under Maryland law?

A disability is generally defined as a physical or mental impairment that substantially limits one or more major life activities. Maryland law follows the federal ADA definition but may also include additional protections in education or housing.

How do I apply for disability benefits in Maryland?

You can apply for Social Security Disability benefits through the Social Security Administration. Maryland also offers state assistance programs. The process typically involves paperwork, medical records, and sometimes a hearing.

What should I do if my disability benefits application is denied?

If your application is denied, you have the right to appeal. You should carefully review the denial letter, gather additional documentation, and consider consulting with a disability lawyer to improve the strength of your appeal.

Are employers required to provide reasonable accommodations?

Yes, under both the ADA and Maryland law, employers must provide reasonable accommodations to qualified employees with disabilities unless doing so would cause significant difficulty or expense to the business.

What can I do if I face discrimination in housing due to my disability?

You can file a complaint with the Maryland Commission on Civil Rights or the U.S. Department of Housing and Urban Development. Legal counsel can help you navigate the complaint process or file a lawsuit if necessary.

Does Maryland law protect students with disabilities?

Absolutely. Schools are legally required to provide free and appropriate public education to students with disabilities and to create Individualized Education Programs or Section 504 plans outlining the student’s educational support.

Are there special legal protections for service animals in Maryland?

Yes, Maryland law allows people with disabilities to be accompanied by service animals in public places, housing, and on public transport. Denying access is a form of discrimination.

How can I challenge unfair treatment by a state agency or public service?

Complaints can be filed with the relevant agency, such as MCCR, or through civil court. Legal advice is important to navigate deadlines and required evidence for your case.

What options exist for adults with disabilities who cannot manage their own affairs?

Maryland courts can appoint a guardian to make decisions on behalf of an adult with disabilities. An attorney experienced in guardianship matters can help families through the process and ensure the individual’s rights are respected.

Where can I find help if I need legal information or representation?

There are both private attorneys and nonprofit organizations that assist with disability law issues in Maryland. Several resources are mentioned in the next section.

Additional Resources

• Maryland Commission on Civil Rights (MCCR): Handles discrimination complaints in employment, housing, and public accommodations.
• Disability Rights Maryland: Offers free legal advocacy services to individuals with disabilities.
• Social Security Administration (SSA): Local Maryland offices accept applications and appeals for SSDI and SSI.
• Maryland Department of Disabilities: Provides information on statewide disability services and policy initiatives.
• Maryland State Department of Education - Division of Early Intervention and Special Education Services: Supports families of children with disabilities in the education system.
• Maryland Legal Aid: Offers free or low-cost legal help for qualifying individuals.

Next Steps

If you believe your rights as a person with a disability have been violated or you need help navigating disability-related benefits or services in Maryland, consider the following steps:

1. Document your concern or issue, including as much detail and supporting evidence as possible.
2. Contact the relevant agency or organization for guidance or to file a complaint.
3. Consult with a qualified disability attorney for an assessment of your case. Many attorneys offer free consultations for disability matters.
4. Be mindful of deadlines, particularly for filing appeals or discrimination claims.
5. Take advantage of local resources and advocacy organizations that can provide support and information.

Getting professional legal advice early can help you understand your options and increase your chances of a successful resolution. Do not hesitate to seek help if you are unsure about your rights or the legal process in Maryland.