Best Disability Lawyers in Massachusetts

About Disability Law in Massachusetts, United States

Disability law in Massachusetts is designed to protect the rights and promote the inclusion of individuals with disabilities in all areas of life, including employment, education, housing, and access to public services. Massachusetts follows both federal laws, such as the Americans with Disabilities Act (ADA), and its own state-specific statutes that often provide even greater protections. The goal of these laws is to ensure individuals with disabilities have the same opportunities and rights as everyone else, free from discrimination or unfair treatment.

Why You May Need a Lawyer

Navigating disability law can be complex and overwhelming due to the various rules and exceptions at both the state and federal level. Here are some common situations where legal help can be essential:

• You have been denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
• You face discrimination at work due to your disability or reasonable accommodation requests have been ignored or denied.
• You are dealing with accessibility issues in housing, education, or public spaces.
• A service provider is not meeting obligations under state or federal disability laws.
• You are seeking guardianship or representation for a disabled loved one.
• There are issues related to special education services under the Individuals with Disabilities Education Act (IDEA).
• Healthcare providers are denying services or necessary treatments due to your disability.

Local Laws Overview

Massachusetts has a robust set of laws that protect the rights of individuals with disabilities, sometimes going beyond federal requirements:

• Massachusetts Fair Employment Practices Act - Prohibits employment discrimination on the basis of disability and requires employers to provide reasonable accommodations.
• Massachusetts Architectural Access Board (AAB) - Sets state-specific accessibility standards for public buildings, often exceeding federal ADA requirements.
• Service Animal Laws - Massachusetts law affords broad protections for people using service animals in public places and housing.
• Massachusetts Public Accommodations Law - Prohibits discrimination in places accessible to the general public, including stores, restaurants, and hotels.
• Education/IEP Law - State-specific requirements for Individualized Education Programs (IEPs) for students with disabilities, supplementing federal IDEA protections.
• Appeals and Hearings Rights - Specific procedures for administrative hearings and appeals if you've been denied benefits or state disability services.

Frequently Asked Questions

What qualifies as a disability under Massachusetts law?

A disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Massachusetts state law often uses a broader definition than some federal laws.

How do I apply for Social Security Disability benefits in Massachusetts?

You can apply online, by phone, or by visiting a local Social Security office. You’ll need detailed documentation about your condition, medical treatments, and work history.

What can I do if my employer refuses to provide reasonable accommodations?

You should first make a formal written request for accommodation. If denied, you can file a complaint with the Massachusetts Commission Against Discrimination (MCAD) or the Equal Employment Opportunity Commission (EEOC).

Is it legal for a landlord to refuse to rent to me because of my disability?

No, both Massachusetts and federal law prohibit housing discrimination related to disability. Landlords must also make reasonable modifications to accommodate tenants with disabilities.

How does Massachusetts law protect students with disabilities in schools?

Students have enhanced protections under both federal and state law, including the right to an Individualized Education Plan (IEP) and appropriate educational services in the least restrictive environment.

Can I be fired for having a disability?

Employers cannot legally fire you due to your disability if you are qualified to do your job with or without reasonable accommodation. If this happens, you may have grounds to file a discrimination complaint.

What are the accessibility requirements for public buildings in Massachusetts?

The Architectural Access Board enforces state accessibility codes that often require higher standards than the ADA for ramps, restrooms, elevators, and signage in public buildings.

Are service animals protected under Massachusetts law?

Yes, service animals are broadly protected in housing, public accommodations, and transportation, with few exceptions. Businesses and landlords must generally allow access for service animals.

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

You have the right to appeal. It is advisable to consult with a disability attorney to help you gather evidence and present your case in the appeals process.

Where can I find help if I cannot afford a lawyer?

There are several legal aid organizations in Massachusetts, as well as state agencies and advocacy groups, that provide free or low-cost assistance for disability-related cases.

Additional Resources

If you need further support or guidance, the following organizations and agencies can be invaluable:

• Massachusetts Commission Against Discrimination (MCAD) - Handles discrimination cases, including disability claims.
• Disability Law Center (DLC) of Massachusetts - Provides legal assistance and advocacy for individuals with disabilities.
• Massachusetts Office on Disability (MOD) - Offers information, advocacy, and referrals regarding accessibility and disability rights.
• Social Security Administration (SSA) - Oversees SSDI and SSI benefits.
• Massachusetts Legal Assistance Corporation - A network for locating free or low-cost legal aid.
• Federation for Children with Special Needs - Support and information for parents and guardians navigating special education law.

Next Steps

If you believe your disability rights have been violated or you need help navigating a disability-related legal issue in Massachusetts, consider the following steps:

• Gather all relevant documentation, such as medical records, correspondence, employment records, or denial letters.
• Document any incidents of discrimination or rights violations, including dates, people involved, and what happened.
• Contact a qualified Massachusetts disability attorney to discuss your situation. Many offer free consultations and can assess your case.
• Reach out to local organizations or governmental agencies listed above for guidance and potential legal aid resources.
• File complaints or appeal decisions promptly, as there are strict deadlines in many disability law matters.

Navigating disability law in Massachusetts can be challenging, but with the right information and support, you can protect your rights and secure the services or accommodations you need.