What is a disability lawyer and how can they help you?

A disability lawyer is a legal professional who specialises in representing individuals with disability, particularly in cases involving disability benefits, discrimination, and community care. Their expertise lies in navigating the complex laws surrounding disability rights, helping clients access vital services, securing financial aid, and defending their rights in various areas such as employment, housing, and public access.

Disability lawyers are well-versed in government benefit programs, making them essential allies for those seeking to secure the assistance they are entitled to. They also provide an array of services, ranging from filing and appealing disability claims to representing clients in court based on the firm or organisation.

Most firms assist with:

Disability discrimination cases: Representing clients facing discrimination in employment, education, or accessing public services.

Community care disputes: Ensuring individuals with disability receive appropriate care and services under local and national laws.

Housing issues: Protecting clients against unlawful evictions or ensuring access to suitable accommodation.

Employment law: Advocating for disabled workers facing discrimination, wrongful termination, or needing reasonable adjustments at their workplace.

Why you might need a disability lawyer

Navigating the legal landscape can be particularly challenging due to the complicated nature of disability law and benefit systems. While some cases may seem straightforward, legal processes often involve mountains of paperwork, strict deadlines, and detailed medical documentation.

A disability lawyer's role becomes crucial in these scenarios as they:

Increase your chances of approval: Applications for disability benefits are often denied on initial submission. There is no guarantee that hiring a lawyer will get your application approved but they can significantly improve approval rates by ensuring applications are accurate, complete, and well-supported.

Handle the appeal process: If your disability claim is denied, a lawyer can manage the appeal, representing you at hearings and working to reverse the decision.

Protect your rights: Disability lawyers ensure that individuals are not discriminated against in employment, housing, or public services due to their disabilities. They hold organisations accountable to the law and pursue justice for their clients.

Relieve stress: Disability lawyers serve as a vital point of information, demystifying the process, answering questions, and guiding clients through each step.

Legal services may not always be necessary

Especially if:

You have a certain medical condition or terminal illness: Application is typically fast-tracked, allowing you to receive disability benefits more quickly. These cases are typically expedited, so there is no need for legal services.

You have already submitted an application: If you’ve already completed an application, consider waiting until a denial before committing to work with an attorney, as legal assistance is often most beneficial during the appeals process.

Legal aid is available to help cover costs, but it is subject to certain criteria that you can view here. It’s important to check whether you meet these criteria to determine if you can access financial assistance for legal services.

The process of working with a disability lawyer

The process generally begins with an initial consultation where the lawyer assesses your situation, reviews your case and advises you on your options. If you decide to move forward, they will generally:

Gather documentation: Collect relevant medical records, employment history and other evidence to build a strong case.

File the necessary paperwork: Ensure all forms are correctly filled out and submitted on time.

Appeal decisions: If necessary, they will file an appeal and represent you at hearings or in court, preparing expert testimonies and additional evidence.

Handle communication: Your lawyer will communicate with government agencies, employers, landlords, or others on your behalf, making sure no deadlines are missed and all parties are informed.

How to find the right disability lawyer for you

Several organisations and law firms specialise in disability law, offering diverse legal services to disabled individuals and their caregivers. Some notable ones include:

Disability Law Service (DLS): A non-profit organisation that provides free legal advice to disabled individuals and their carers. DLS covers areas like community care, employment, housing, discrimination, public law and welfare benefits. They offer resources, training and representation for court and tribunal hearings. Additionally, DLS provides advice on housing issues such as homelessness, unlawful evictions and defending against Anti-Social Behaviour Orders (ASBOs).

Disability Rights UK: Specialises in offering legal advice on disability discrimination and community care matters, helping individuals defend their rights in these areas.

Fry Law: Focuses on disability discrimination cases related to education, access to goods and public services, ensuring disabled individuals have the same rights as others.

When selecting a disability lawyer, it’s important to consider the following:

Experience: Look for lawyers or firms with a proven track record in disability law. Specialised experience can be invaluable in navigating complex systems and increasing your chances of success.

Reputation: Research client reviews or seek recommendations from local disability advocacy groups to find trusted and effective legal professionals.

Communication: It’s essential to find a lawyer who communicates clearly and keeps you informed throughout the process. A lawyer who is responsive and approachable can ease a lot of the stress involved in legal proceedings.

Cost: Many disability lawyers work on a contingency basis, meaning they only get paid if you win your case. Be sure to clarify the fee structure upfront, so there are no surprises.

As you navigate your options, it might be helpful to consider asking for recommendations from friends or family who have filed for disability, and don't hesitate to request a free consultation with potential lawyers (typically offered). These steps can help you find a legal professional who best meets your needs and increases your chances of a successful outcome.