Best Disability Lawyers in New Hampshire

About Disability Law in New Hampshire, United States

Disability law in New Hampshire, United States, is designed to protect the rights of individuals with physical or mental impairments. These laws ensure that disabled people have access to equal opportunities in areas such as employment, education, housing, and public accommodations. Both federal laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973, and state-level statutes govern how people with disabilities are treated in New Hampshire. Local agencies and courts play a role in enforcing these protections to prevent discrimination and uphold the civil rights of those living with disabilities.

Why You May Need a Lawyer

Individuals may encounter a range of situations that call for an attorney with experience in disability law. Common reasons include:

• Appealing a denial of Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits
• Challenging workplace discrimination or requesting reasonable accommodations from an employer
• Navigating disputes regarding accessibility of public spaces or housing
• Advocating for appropriate educational support and services under the Individuals with Disabilities Education Act (IDEA)
• Advising on guardianship or representative payee issues for individuals unable to manage their affairs
• Protecting against harassment or retaliation due to a disability

Legal guidance can help you understand your rights, gather needed documentation, and represent your interests in administrative hearings or court proceedings. Seeking legal assistance can be invaluable when facing complex or time-sensitive disability-related concerns.

Local Laws Overview

In addition to federal protections, New Hampshire has adopted its own laws to support and defend the rights of people with disabilities. The New Hampshire Law Against Discrimination (RSA 354-A) prohibits unequal treatment in employment, housing, and public services based on disability status. In the education system, the state follows the mandates of the IDEA and Section 504 of the Rehabilitation Act, ensuring that students with disabilities receive Free Appropriate Public Education (FAPE). The New Hampshire Commission for Human Rights is an important body that investigates and enforces state anti-discrimination laws. Local governments and businesses must also comply with both state and federal requirements for accessibility, such as installing ramps and providing auxiliary aids when needed.

Frequently Asked Questions

What qualifies as a disability under New Hampshire law?

A person is considered to have a disability if they have a physical or mental impairment that substantially limits one or more major life activities. Temporary or minor conditions are generally not considered disabilities.

Can employers in New Hampshire ask about my disability during the hiring process?

Employers cannot ask about your disability or require a medical examination before offering you a job. After an offer is made, they may ask if accommodations are needed but only if necessary to perform job duties.

What should I do if I am denied disability benefits?

If your application for SSDI or SSI benefits is denied, you should promptly file an appeal. You may benefit from consulting an attorney who understands Social Security law to improve your chances of success.

Are public places required to be accessible to people with disabilities in New Hampshire?

Yes, federal and state laws require public places to remove barriers and provide access for individuals with disabilities. This includes accessible entrances, restrooms, and parking spaces.

What rights do students with disabilities have in New Hampshire schools?

Students are entitled to individualized education programs (IEPs) or Section 504 plans that provide appropriate accommodations and support, free of charge, as part of their right to a Free Appropriate Public Education.

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

You can file a complaint with the New Hampshire Commission for Human Rights or the U.S. Department of Housing and Urban Development if you believe your rights to fair housing have been violated due to disability.

Do I have to disclose my disability to my employer?

You are not required to disclose your disability unless you are requesting a reasonable accommodation or if it becomes necessary to ensure workplace safety and performance of essential job duties.

How can I get reasonable accommodations at work?

Notify your employer and describe the accommodations you need due to your disability. Employers are required to provide reasonable adjustments unless it causes significant difficulty or expense to the business.

What is the New Hampshire Commission for Human Rights?

It is a state agency that enforces anti-discrimination laws and investigates complaints involving employment, housing, and public accommodations, including disability-related issues.

Can I get free legal help for a disability issue?

Some organizations, like Disability Rights Center-NH and New Hampshire Legal Assistance, offer free or low-cost legal help to eligible individuals facing disability-related legal problems.

Additional Resources

There are several governmental and nonprofit organizations that can help individuals seeking legal advice related to disability in New Hampshire:

• New Hampshire Commission for Human Rights
• Disability Rights Center-NH
• New Hampshire Legal Assistance
• New Hampshire Department of Health and Human Services - Bureau of Developmental Services
• Social Security Administration (SSA) local offices for disability benefits
• U.S. Department of Justice Civil Rights Division

These organizations offer advocacy, legal representation, and information about your rights and how to protect them.

Next Steps

If you need legal assistance regarding disability issues in New Hampshire, start by gathering your relevant documents and records. Consider contacting a specialized attorney or one of the resources listed above for advice or representation. Many attorneys offer initial consultations to assess your situation and explain your legal options. Acting quickly, especially in cases with deadlines such as appeals or complaints, is often important to protect your rights. Research your situation, ask questions, and do not hesitate to seek help if you feel your rights have been violated or if you need guidance navigating disability law in New Hampshire.