Best Disability Lawyers in New Jersey

About Disability Law in New Jersey, United States

Disability law in New Jersey covers the rights and protections afforded to individuals who have physical or mental impairments that substantially limit one or more major life activities. This area of law ensures that people with disabilities have equal access to employment, education, government programs, public accommodations, housing, and transportation. New Jersey’s approach to disability rights aligns closely with federal statutes such as the Americans with Disabilities Act (ADA), while also including state-specific protections and benefits. Individuals with disabilities in New Jersey have legal avenues to challenge discrimination, seek reasonable accommodations, and access financial and medical support.

Why You May Need a Lawyer

Legal issues related to disability can be complex and challenging to navigate. You may need a lawyer if:

• You have been denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI)
• You believe you have faced discrimination based on your disability at work, in public spaces, or when seeking housing
• Your employer refuses to provide reasonable accommodations for your disability
• You need to appeal a denial of benefits or services
• You are a parent seeking special education services for your child
• You are unsure about your legal rights under state or federal disability laws
• You face barriers accessing medical care or public transportation due to your disability

A lawyer can help you understand your rights, guide you through the claims process, draft necessary documents, and represent you in disputes or appeals.

Local Laws Overview

Several key laws and regulations govern disability rights and resources in New Jersey:

• New Jersey Law Against Discrimination (NJLAD): This state law prohibits discrimination in employment, housing, and public accommodations based on physical or mental disability. It often provides broader protections than federal laws.
• Americans with Disabilities Act (ADA): A federal law that prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications, and access to state and local government programs.
• New Jersey Temporary Disability Benefits Law (TDB): Provides temporary wage replacement to eligible workers who cannot work due to a disabling illness or injury that is not job related.
• Fair Housing Act (FHA): Prohibits discrimination in housing based on disability and requires landlords to make reasonable accommodations.
• Individuals with Disabilities Education Act (IDEA) and New Jersey special education laws: Mandate appropriate educational services and accommodations for children with disabilities in public schools.
• Social Security Disability: Administered at the federal level but affected by state rules, these programs provide income for people disabled and unable to work.

Together, these laws ensure individuals with disabilities in New Jersey are protected from discrimination and are entitled to reasonable accommodations, financial support, and vital services.

Frequently Asked Questions

What qualifies as a disability under New Jersey law?

A disability generally includes any physical, mental, or psychological disorder or condition that substantially limits one or more major life activities. This can include mobility issues, chronic illnesses, mental health conditions, and sensory impairments.

What should I do if I am discriminated against because of my disability?

If you believe you have been discriminated against, document the incident and consider contacting an attorney or the New Jersey Division on Civil Rights to file a complaint. You may also file complaints with the U.S. Equal Employment Opportunity Commission if federal law applies.

How do I apply for disability benefits in New Jersey?

You can apply for Social Security Disability benefits (SSDI or SSI) through the Social Security Administration. For New Jersey State Temporary Disability Insurance (TDI), you can apply through the New Jersey Department of Labor and Workforce Development. An attorney can help guide you through the process.

Can my employer fire me because I have a disability?

No, employers generally cannot terminate you solely because of a disability. They are required to provide reasonable accommodations unless it would cause undue hardship to the business.

What is a reasonable accommodation?

A reasonable accommodation is a change or adjustment to a job or work environment that enables a person with a disability to perform essential job functions. Examples include modified work schedules, wheelchair ramps, or special equipment.

Are there protections for students with disabilities in schools?

Yes, federal and state laws require public schools to provide appropriate accommodations and educational services to students with disabilities through Individualized Education Programs (IEPs) or 504 Plans.

Can I be denied housing because of my disability?

No, housing providers are prohibited from discriminating against individuals with disabilities and must make reasonable modifications or accommodations for them under both federal and state law.

Is mental illness considered a disability?

Yes, mental health conditions that substantially limit one or more major life activities are covered under disability laws in New Jersey and federally.

What if my Social Security Disability claim is denied?

You have the right to appeal the denial. The appeals process includes several steps, such as reconsideration, a hearing, review by an Appeals Council, and potentially federal court. Legal assistance is highly recommended during this process.

How long does it take to receive disability benefits?

The processing time for disability benefit applications varies. It can take several months for an initial determination, and appeals can extend the timeline further. Having legal guidance can help streamline the process and avoid unnecessary delays.

Additional Resources

If you or someone you know is seeking legal assistance or general information about disability law in New Jersey, the following organizations may be helpful:

• New Jersey Division on Civil Rights
• Legal Services of New Jersey
• Disability Rights New Jersey (the New Jersey protection and advocacy system)
• U.S. Equal Employment Opportunity Commission (EEOC)
• New Jersey Department of Labor and Workforce Development
• Social Security Administration
• New Jersey Department of Human Services - Division of Disability Services

These organizations can provide information, advocacy, and sometimes direct legal representation or referrals.

Next Steps

If you believe your rights have been violated or you need help navigating disability benefits or services in New Jersey, consider the following steps:

• Document all relevant information related to your case, including medical records and any correspondence
• Contact one or more of the organizations listed above to determine which resources apply to your situation
• Consult with an experienced disability law attorney to evaluate your case and receive guidance on your legal options
• File applications, appeals, or complaints in a timely manner to protect your rights

Seeking professional legal advice can make a significant difference in understanding your rights and achieving a positive outcome for your case.