Best Disability Lawyers in Texas

About Disability Law in Texas, United States

Disability law in Texas encompasses a broad range of legal protections for individuals with disabilities. These laws are designed to prevent discrimination, ensure accessibility, and provide financial and social assistance to those who qualify. Federal laws such as the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act work in conjunction with Texas state laws to safeguard the rights of people with disabilities. Whether dealing with issues in employment, education, public accommodations, or access to governmental benefits, understanding your legal rights is a crucial step in achieving equal opportunities and protection under the law.

Why You May Need a Lawyer

There are many circumstances in which individuals with disabilities, or their families, may require legal assistance in Texas. These include:

• Facing discrimination at work, school, or in public accommodations based on a disability
• Challenging a denial of Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits
• Requesting reasonable accommodations in employment or housing and being refused or retaliated against
• Navigating special education laws and obtaining appropriate services in schools for children with disabilities (such as IEPs and 504 plans)
• Appealing adverse decisions related to Medicaid, Medicare, or other governmental benefits
• Addressing issues of guardianship or supported decision making for adults with disabilities
• Seeking protection from abuse, neglect, or exploitation

An attorney with experience in disability law can help you understand your rights, gather evidence, represent you in hearings, negotiate settlements, and file lawsuits if necessary.

Local Laws Overview

Texas disability law is shaped by both state and federal statutes. Key aspects include:

• Texas Commission on Human Rights Act: Prohibits employment discrimination against people with disabilities and mirrors many ADA protections at the state level.
• Texas Accessibility Standards (TAS): These outline requirements for physical accessibility in public spaces and are enforced by the Texas Department of Licensing and Regulation.
• Education Rights: The Texas Education Agency enforces laws regarding special education services, ensuring students with disabilities receive a Free Appropriate Public Education (FAPE) in the least restrictive environment.
• Service Animals: Texas law protects the right to use service animals in public places, generally aligning with federal law but sometimes offering additional clarifications.
• Guardianship and Alternatives: Texas courts oversee guardianship proceedings for adults with disabilities but also promote supported decision making agreements as a less restrictive alternative.

If you believe your rights have been violated, you may be able to file a complaint with state agencies, pursue mediation, or initiate legal proceedings with the help of a knowledgeable attorney.

Frequently Asked Questions

What qualifies as a disability under Texas law?

A disability is typically defined as a physical or mental impairment that substantially limits one or more major life activities. State and federal definitions are very similar, but certain statutes may have specific eligibility requirements.

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

First, document the incident and your interactions. You may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission Civil Rights Division. Consider consulting with a lawyer to ensure your rights are protected.

How do I apply for Social Security disability benefits in Texas?

You can apply for SSDI or SSI online, by phone, or at your local Social Security office. Many claims are initially denied, so legal representation can help you navigate the complex appeals process.

What are reasonable accommodations in employment?

Reasonable accommodations are adjustments or modifications to a job or work environment that enable a person with a disability to perform essential job functions. Examples include modified work schedules, assistive technology, or accessible workspaces.

Can my landlord refuse to rent to me because I have a disability?

No. Both federal law (such as the Fair Housing Act) and Texas law prohibit housing discrimination based on disability. Landlords also must make reasonable accommodations and allow service animals, regardless of pet policies.

How can I get special education services for my child?

Request an evaluation from your child’s school district. If your child qualifies, the district must create an Individualized Education Program (IEP) or a Section 504 plan to provide appropriate services and supports.

Are service animals protected under Texas law?

Yes. State and federal laws protect the rights of individuals to be accompanied by trained service animals in most public spaces. Emotional support animals generally do not have the same level of protection.

What can I do if my disability benefits are denied?

You have the right to appeal denials of SSDI, SSI, Medicaid, or other government benefits. This often involves collecting additional medical evidence and attending hearings. A disability lawyer can greatly increase your chances of a successful appeal.

Can I be forced into guardianship in Texas?

Guardianship is considered a last resort. Texas courts must consider less restrictive alternatives, such as supported decision making agreements or powers of attorney, before appointing a guardian.

Where can I file a complaint if my rights are violated?

Depending on the situation, you may file complaints with the Texas Workforce Commission, the U.S. Department of Education’s Office for Civil Rights, the EEOC, or the Texas Department of Housing and Community Affairs.

Additional Resources

If you need further assistance or information, consider reaching out to the following organizations:

• Disability Rights Texas - offers free legal services and advocacy for people with disabilities
• Texas Department of Assistive and Rehabilitative Services (DARS) - provides vocational rehabilitation and related services
• Texas Workforce Commission - handles employment discrimination complaints
• Social Security Administration (SSA) - administers SSDI and SSI benefits
• Texas Department of Housing and Community Affairs - for issues related to housing discrimination
• Texas Education Agency - oversees special education services

Next Steps

If you believe your rights as a person with a disability have been violated or if you encounter obstacles obtaining benefits or accommodations, gather all relevant documents and records. Document important communications and events. Consult with an attorney who specializes in disability law in Texas for an evaluation of your situation. Many legal aid organizations and advocacy groups offer free consultations or representation. Acting quickly can help protect your rights and improve your chances of a positive outcome.