Best Disability Lawyers in San Mateo

About Disability Law in San Mateo, United States

Disability law in San Mateo addresses the rights and protections of individuals with disabilities in various contexts. It covers issues such as workplace discrimination, access to public services, education, housing, and medical benefits. These protections stem from a combination of federal, state, and local laws. For individuals living or working in San Mateo, understanding the basics of these regulations is crucial to ensure equal treatment and to access the support and accommodations to which they are entitled.

Why You May Need a Lawyer

Many situations may require legal assistance for individuals with disabilities. You might need a lawyer if you are facing discrimination at work, having trouble obtaining reasonable accommodations, or if your disability benefits application is denied. Other scenarios include disputes with landlords over accessible housing, challenges in educational accommodations, or issues with public transportation. Navigating these issues often involves complex paperwork and strict deadlines, where legal help can make a significant difference.

Local Laws Overview

San Mateo is governed by a combination of federal laws such as the Americans with Disabilities Act (ADA), the Fair Housing Act, and Section 504 of the Rehabilitation Act, along with California state laws. California’s Fair Employment and Housing Act (FEHA) provides additional workplace and housing protections beyond the federal laws. San Mateo County also offers local resources and may have additional regulations to support people with disabilities, including enforcement agencies and advisory boards that address accessibility and advocacy for individuals with disabilities. If you believe your rights have been violated, you can file complaints at both the state and local level.

Frequently Asked Questions

What is considered a disability under San Mateo and California law?

A disability is generally defined as a physical or mental impairment that substantially limits one or more major life activities. California law offers a broader definition compared to federal law, making it more inclusive for individuals seeking protection or accommodations.

What protections do I have against discrimination at work?

Both federal and California state law guard against employment discrimination based on disability. Employers must not treat qualified employees or applicants differently and must provide reasonable accommodations, unless doing so would cause an undue hardship.

What should I do if I am denied reasonable accommodation at work?

You should first communicate in writing with your employer about your accommodation needs. If necessary, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC), and consider consulting a lawyer.

Can I request accommodations in public schools?

Yes, public schools are required to provide appropriate educational services and reasonable accommodations under the Individuals with Disabilities Education Act (IDEA), Section 504, and state laws. Parents can work with the school district to develop an Individualized Education Program (IEP) or Section 504 Plan.

How do I apply for Social Security Disability benefits in San Mateo?

You can apply online or in person at your local Social Security office. The application involves submitting detailed medical and work history, and your eligibility will depend on medical evidence and the Social Security Administration’s criteria.

What if my Social Security Disability claim is denied?

You have the right to appeal a denial. This process involves several steps including reconsideration, hearings, and possibly further appeals. Legal assistance can increase your chance of a successful outcome.

Are public businesses in San Mateo required to be accessible to people with disabilities?

Yes, under the ADA and California law, public businesses must ensure access for individuals with disabilities, which includes removing architectural barriers and providing auxiliary aids when needed.

What rights do I have regarding accessible housing?

Federal and California law prohibit housing discrimination based on disability. Landlords must make reasonable accommodations and permit reasonable modifications, at the tenant’s expense, to allow a person with a disability equal access to their housing.

Can I get help with transportation if I have a disability?

San Mateo offers accessible public transportation options and paratransit services for eligible individuals with disabilities. You can apply for these services through local transit agencies.

Where can I file a complaint about disability discrimination in San Mateo?

You can file complaints with several agencies including the California Department of Fair Employment and Housing (DFEH), the EEOC for employment issues, or the Department of Housing and Urban Development (HUD) for housing issues. For public access issues, the U.S. Department of Justice may also be involved.

Additional Resources

- San Mateo County Commission on Disabilities - local advocacy and information - California Department of Fair Employment and Housing (DFEH) - complaints and resources - Disability Rights California - free legal advocacy - Social Security Administration - disability benefits information and applications - Center for Independence of Individuals with Disabilities (CID) - independent living resources - San Mateo County Office of Education - educational accommodations and services - Bay Area Rapid Transit (BART) Accessibility Services - public transportation for people with disabilities

Next Steps

If you believe your legal rights as a person with a disability have been violated in San Mateo, start by gathering all documentation related to your issue, such as correspondence, medical records, and any denial letters. Reach out to local disability advocacy groups or a qualified attorney who specializes in disability law. Consider scheduling a consultation to discuss your situation and options. Acting quickly is important, as there are deadlines for filing complaints and appeals. You may also want to contact relevant government agencies for guidance and to initiate the complaint process if necessary.