Best Disability Lawyers in New York

About Disability Law in New York, United States

Disability law in New York, United States, covers the rights and protections afforded to individuals with physical or mental impairments. These laws are designed to prevent discrimination, ensure access to public spaces and employment, and provide benefits or support to those who qualify. Regulations stem from both federal and state law, giving residents robust legal avenues to address issues related to disability. Understanding these laws is crucial if you or a loved one is living with a disability in New York.

Why You May Need a Lawyer

Disability-related legal issues can be complex, and having professional assistance is often important to ensure your rights are protected. You may need a lawyer in situations such as:

• Filing for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and dealing with denied claims.
• Facing discrimination in the workplace or public accommodations due to a disability.
• Requesting reasonable accommodations at work or in school and encountering resistance or failure to comply.
• Pursuing claims against landlords for failure to provide accessible housing.
• Appealing unfavorable government or insurance decisions concerning disability benefits.
• Dealing with guardianship or special needs trusts for a disabled family member.

A lawyer can navigate the nuances of New York disability law, file paperwork correctly, represent you in hearings, and ensure your legal interests are fully protected.

Local Laws Overview

In addition to the Americans with Disabilities Act (ADA) and the federal Rehabilitation Act, New York has specific laws and regulations to protect people with disabilities. Key statutes include:

• New York State Human Rights Law: Prohibits discrimination based on disability in employment, housing, public accommodations, education, and credit.
• New York City Human Rights Law: Offers even broader protections for people with disabilities and often provides coverage when federal or state laws do not.
• Reasonable Accommodation Requirements: Both employers and landlords are generally required to provide reasonable accommodations unless it causes undue hardship.
• Accessible Design Standards: Buildings, transit systems, and other public and private spaces are required to be accessible under various local ordinances.
• State Disability Benefits: New York offers state-level disability benefits for short-term disabilities, distinct from federal SSDI and SSI programs.

These laws provide strong protections, but enforcing your rights often requires careful documentation and sometimes legal advocacy.

Frequently Asked Questions

What qualifies as a disability under New York law?

A disability is broadly defined to include physical, mental, or medical impairments that substantially limit a major life activity. This can include chronic illnesses, mobility limitations, hearing or vision impairments, and psychological conditions.

How do I file for disability benefits in New York?

You can apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) through the Social Security Administration. New York also offers its own Disability Benefits Program, generally applied for through your employer or insurance carrier.

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

If your claim is denied, you have the right to appeal. There are multiple stages in the appeals process, including reconsideration, hearing by an administrative law judge, and further federal court appeals. An attorney can help you strengthen your case.

What is a reasonable accommodation?

A reasonable accommodation is a change or adjustment provided by an employer, school, or landlord to enable a person with a disability to enjoy equal opportunities. Examples include modified work schedules, accessibility ramps, or specialized equipment.

Are mental health conditions considered disabilities?

Yes, many mental health conditions such as depression, anxiety, and PTSD may be recognized as disabilities if they significantly impact daily life activities.

Is my employer always required to accommodate my disability?

Employers must provide reasonable accommodations unless doing so would impose an undue hardship, which means significant difficulty or expense relative to the size and resources of the organization.

Can I be evicted for requesting disability-related modifications to my apartment?

No, landlords are generally required to allow reasonable modifications and cannot evict you for requesting them. However, you may be responsible for the cost of certain modifications in some circumstances.

How are disability discrimination complaints handled in New York?

Complaints can be filed with the New York State Division of Human Rights, the U.S. Equal Employment Opportunity Commission, or the New York City Commission on Human Rights, depending on the situation.

What benefits are available under New York's state disability programs?

New York State provides short-term disability benefits to eligible employees who are temporarily unable to work due to non-work-related illness or injury. These benefits are separate from federal Social Security benefits.

Can immigrants or non-citizens qualify for disability protections?

Many anti-discrimination protections under state and city law apply regardless of citizenship or immigration status, but eligibility for federal and state disability benefits may have residency and work history requirements.

Additional Resources

• New York State Division of Human Rights: Investigates complaints of disability discrimination statewide.
• New York City Commission on Human Rights: Handles disability rights cases in New York City.
• Social Security Administration: Provides resources and application assistance for federal disability programs (SSDI and SSI).
• New York State Office for People With Developmental Disabilities: Supports individuals with developmental disabilities and their families.
• Legal Aid Society and Disability Rights New York: Nonprofit organizations offering legal assistance to people with disabilities.

Next Steps

If you need legal assistance for a disability-related issue in New York, start by documenting your situation and gathering any relevant paperwork or correspondence. Consider reaching out to a qualified disability law attorney for a consultation, or contact a reputable legal aid organization if you need free or low-cost assistance. Filing a complaint with the appropriate local or state agency may be necessary if you have experienced discrimination. Remember, support is available, and seeking knowledgeable help early can greatly improve the outcome of your case.