Best Disability Lawyers in Wisconsin

About Disability Law in Wisconsin, United States

Disability law in Wisconsin covers legal protections and rights for individuals with disabilities. It encompasses a wide variety of situations, including access to public services, educational accommodations, workplace rights under the Americans with Disabilities Act (ADA), Social Security Disability benefits, and protection against discrimination. Both federal statutes and Wisconsin state laws work together to ensure fair treatment and promote accessibility, inclusion, and independence for residents with disabilities.

Why You May Need a Lawyer

Many situations may require the guidance of a knowledgeable disability lawyer in Wisconsin. Common scenarios include:

• Applying for or appealing denials of Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI)
• Facing discrimination at work due to a disability
• Disputes related to service animals or reasonable accommodations in housing
• Navigating issues with education plans or Individualized Education Programs (IEPs) for children with disabilities
• Denial of access or services by public facilities or transportation
• Challenging denial of insurance coverage or benefits based on disability status

Local Laws Overview

Wisconsin disability rights are protected by several key laws and regulations. The state adheres to federal laws like the ADA and the Rehabilitation Act, which prohibit discrimination based on disability. Wisconsin’s Fair Employment Law adds additional protections, making it illegal for employers to treat workers unfavorably because of disabilities, and mandates reasonable accommodations unless it would cause undue hardship. The Wisconsin Department of Workforce Development also enforces state laws regarding accessibility and employment.

The Wisconsin Open Housing Law aligns with the federal Fair Housing Act and requires landlords to provide reasonable modifications for tenants with disabilities. For children, the state’s Department of Public Instruction ensures schools comply with the Individuals with Disabilities Education Act (IDEA). These combined statutes create a strong framework to protect the rights of individuals with disabilities in the state.

Frequently Asked Questions

What qualifies as a disability under Wisconsin law?

A disability is defined as a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such an impairment. The definition matches federal standards.

How do I apply for Social Security Disability in Wisconsin?

You can apply for benefits through the Social Security Administration by phone, online, or at a local field office. Many applicants seek help from a lawyer to ensure paperwork is complete and deadlines are met.

Can my employer fire me because of my disability?

No, state and federal laws prohibit employers from firing or discriminating against employees based solely on disability, as long as the person can perform essential job functions with or without reasonable accommodations.

What is considered a reasonable accommodation?

A reasonable accommodation is any change or adjustment to a job, the work environment, or the way things are usually done that allows a person with a disability to apply for a job, perform job functions, or enjoy equal employment benefits, provided it does not cause undue hardship for the employer.

What can I do if my child’s school does not offer appropriate special education services?

You have the right to request an Individualized Education Program (IEP) evaluation. If you disagree with the school's assessment, you can ask for mediation, file a complaint with the Wisconsin Department of Public Instruction, or seek a due process hearing.

Are emotional support animals protected under Wisconsin law?

Emotional support animals have certain protections in housing under state and federal law. People with disabilities may request reasonable accommodations to keep support animals even if a no-pet policy exists, but documentation is usually required.

Is it possible to appeal a denial of disability benefits?

Yes, if your claim is denied, you can file an appeal. The process can involve several stages, from reconsideration to administrative hearings and even federal court, often with the help of legal counsel.

What steps can be taken if a public business is not accessible?

You can file a complaint with the Wisconsin Equal Rights Division or the Department of Justice. Legal action may be appropriate in some cases to require the business to comply with accessibility standards.

Do state disability laws apply to both physical and mental impairments?

Yes, Wisconsin’s laws protect individuals with both physical and mental impairments that substantially limit major life activities.

Are there time limits for filing disability discrimination complaints in Wisconsin?

Yes, you generally have 300 days from the date of the alleged discrimination to file a complaint with the Equal Rights Division. Different agencies or legal actions may have other deadlines, so prompt action is advisable.

Additional Resources

• Wisconsin Department of Workforce Development - Equal Rights Division: Handles complaints about workplace discrimination and accessibility.
• Disability Rights Wisconsin: Provides free advocacy services for people with disabilities.
• Social Security Administration: Manages federal disability benefit programs (SSDI and SSI).
• Wisconsin Department of Public Instruction - Special Education: Assists with questions regarding educational accommodations and rights.
• Wisconsin State Law Library: Offers helpful guides and links to legal statutes about disability rights.
• Legal Action of Wisconsin: Provides legal assistance to low-income individuals on disability-related issues.

Next Steps

If you believe your rights have been violated or you need help navigating a disability-related issue, gather all relevant documents, correspondence, and notes about your situation. Consider contacting a local attorney who specializes in disability law for a consultation. Many lawyers offer free or low-cost initial consultations. You can also reach out to the recommended resources above for guidance, support, and referrals to trusted legal professionals. Acting quickly is important to meet any legal deadlines and to protect your rights. If needed, prepare to advocate for yourself or your family by learning more about your rights and the appropriate legal processes in Wisconsin.