Best Disability Lawyers in Pennsylvania

About Disability Law in Pennsylvania, United States

Disability law in Pennsylvania protects the rights of individuals with physical or mental impairments. These laws cover various aspects of daily life, including employment, housing, education, transportation, public services, and access to facilities. Both federal and state laws ensure that people with disabilities are not discriminated against and receive necessary accommodations to fully participate in society. In Pennsylvania, laws such as the Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (PHRA) are crucial in safeguarding these rights.

Why You May Need a Lawyer

Legal representation may be crucial if you encounter issues such as denial of Social Security Disability benefits, discrimination at work or school, inaccessible public facilities, or eviction based on disability. A lawyer can help you understand your rights, navigate complex application processes for benefits, appeal denials, and represent you in hearings or court proceedings. Legal assistance often makes a significant difference in successfully advocating for the rights and accommodations you are entitled to under the law.

Local Laws Overview

In Pennsylvania, disability rights are protected by both federal and state statutes. The Americans with Disabilities Act (ADA) prohibits discrimination and requires reasonable accommodations in employment, transportation, government programs, and public accommodations. The Pennsylvania Human Relations Act (PHRA) extends similar protections within the state, covering employment, housing, commercial property, education, and public access. The Pennsylvania Fair Housing Act also protects individuals from housing discrimination based on disability. Local school districts must comply with the Individuals with Disabilities Education Act (IDEA), which ensures special education services for children with qualifying disabilities. Pennsylvania’s Office of Vocational Rehabilitation (OVR) offers employment services and support for individuals with disabilities.

Frequently Asked Questions

What qualifies as a disability under Pennsylvania law?

A disability is any physical or mental impairment that substantially limits one or more major life activities. This includes conditions such as mobility impairments, hearing or vision loss, intellectual disabilities, chronic illnesses, mental health disorders, and others.

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

You can apply online through the Social Security Administration, by phone, or at a local Social Security office. An application requires medical documentation and work history to establish your eligibility.

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

You have the right to appeal a denial. The appeals process involves several stages, starting with reconsideration, followed by a hearing before an administrative law judge, and potentially further appeals. A lawyer can greatly assist in this process.

Are employers in Pennsylvania required to provide reasonable accommodations?

Yes. Both federal and state law require employers with at least 15 employees to provide reasonable accommodations to qualified individuals with disabilities, unless doing so presents an undue hardship to the business.

What protections do students with disabilities have in Pennsylvania schools?

Students are protected under Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA). These laws require schools to provide free appropriate public education, individualized education plans, and necessary accommodations.

Can I be evicted from my home because of my disability?

No. Under the Fair Housing Act and Pennsylvania law, you cannot be evicted solely because of your disability. You also have the right to request reasonable accommodations, such as service animals or accessible modifications.

Is mental illness considered a disability?

Yes, if the mental health condition substantially limits a major life activity, it is covered by disability laws. This includes conditions like depression, bipolar disorder, anxiety disorders, schizophrenia, and others.

Do transportation providers in Pennsylvania have to accommodate people with disabilities?

Transportation services, including public transit, must be accessible to individuals with disabilities under the ADA. They must provide features such as ramps, lifts, priority seating, and allow service animals.

What are my rights regarding access to public places?

Individuals with disabilities have the right to access public facilities, including restaurants, stores, parks, and government buildings. These spaces must be accessible and cannot refuse service because of a disability.

How can I request a workplace accommodation?

You should inform your employer in writing that you need an accommodation due to a disability. You may need to provide some medical documentation. The employer must engage in an interactive process to determine reasonable accommodations.

Additional Resources

- Pennsylvania Human Relations Commission (PHRC): Handles discrimination complaints and provides information about rights under state law. - Social Security Administration: Administers disability benefit programs and provides application support. - Pennsylvania Office of Vocational Rehabilitation (OVR): Offers employment assistance and vocational rehabilitation services. - Disability Rights Pennsylvania: Advocacy and legal assistance for Pennsylvanians with disabilities. - Pennsylvania Department of Human Services: Provides programs and services for individuals with disabilities.

Next Steps

If you believe your disability rights have been violated or need help applying for benefits, consider taking the following steps:

• Gather relevant documents, such as medical records, employment records, denial letters, or communication related to your disability.
• Contact a qualified attorney who specializes in disability law in Pennsylvania for a consultation. Many offer free initial consultations.
• Contact local resources or advocacy organizations for guidance or referrals.
• If you are facing an immediate issue, such as eviction or job termination, act quickly to protect your rights and meet any legal deadlines for appeals or complaints.