Eligibility Criteria for Free Legal Aid
The eligibility for free legal aid hinges on a few key criteria. The two qualifying factors for individuals with disabilities are income level and disability status. Individuals with disabilities who meet the income requirement can avail themselves of various forms of legal aid, including advice clinics, representation at appeals hearings and other forms of legal counsel. Because legal aid programs across the United States have limited funds and resources, not all legal aid programs are able to provide assistance to every individual with a disability who seeks it. However, legal aid is available within certain income limits.
Per the National Legal Aid and Defender Association, eligibility for assistance from most nonprofit or civil legal aid groups is based on income. Most organizations will provide free legal services if applicants meet the income requirements and do not have sufficient means to afford a private attorney . Many groups use the Federal Poverty Guidelines, which are revised annually by the U.S Department of Health and Human Services, as the basis for their income limits.
Legal aid programs generally adhere to these guidelines when determining eligibility in the categories of excluded income and family size:
Program guidelines and eligibility requirements vary from state to state and organization to organization with regard to individuals with disabilities. State and local bar associations are another resource, as they can often provide recommendations for locally available legal aid services. Other useful websites for locating legal aid resources are the Disability Rights Education and Defense Fund, the National Disability Rights Network website and the Department of Justice website.
Legal Matters Covered for Free
The types of legal issues covered by free legal aid can vary significantly depending upon the expertise of the attorney and organization, but many of these organizations have extensive experience managing cases involving disabilities. From discrimination cases to appeals for denied benefits, many of these organizations regularly handle a wide range of legal issues associated with disabilities. Some of the most commonly covered areas include:
Discrimination cases
Civil and criminal cases
Federal government disability benefits
Special education
Long-term care and Medicaid eligibility
Zoning and land use
Complex medical cases
Employment cases
Housing problems
Each of these areas may have specific local or state laws that apply. Your attorney will review your case and any pertinent statutes at that time so you know what options are available to you.
Sources of Legal Aid for the Disabled
Finding free legal aid for disabilities is possible through a number of sources. Nonprofit legal services organizations, along with the federal government, state governments, and local governments all offer free services and representation in disability matters. In addition to these government agencies and nonprofit services, you can also find legal aid for disability issues online.
Disabled persons may find free legal aid for disability through the Administration for Community Living, a department of the United States Department of Health and Human Services. The ACL "leads the federal efforts to ensure that older adults and people with disabilities are fully participating members of their communities."
The Medicaid government program also provides free legal aid for disability. Medicaid is the national public health insurance program, jointly funded by the state and federal government, which pays for the medical expenses of eligible individuals. Medicaid is administered by the Centers for Medicare & Medicaid Services, providing coverage for services such as long-term care, personal care services, and dental care.
State Medicaid programs are individually managed, with varying eligibility requirements and benefits, but there are independent sources online from which you can apply for Medicaid coverage. To search for Medicaid eligibility in your state, visit the ACL’s Medicaid Information Technology website.
Another source for finding free legal aid for disability is the National Disability Rights Network, which is a national network of nonprofit corporations that provide free civil legal aid for the disabled. NDRN provides not only information and resources for disabled persons, but helps protect their legal rights. It does this through federally funded Protection and Advocacy programs, as well as the Client Assistance Program.
The Department of Justice also offers free legal aid for disability through its Civil Rights Division – Special Litigation Section. The Special Litigation Section "enforces the federal laws protecting the civil and constitutionally protected rights of institutionalized persons who are in the government’s custody or who otherwise receive care and treatment, such as patients, prisoners, and residents of nursing homes and other community-based facilities." The Special Litigation Section also conducts Department-ordered investigations of institutions.
The Equal Employment Opportunity Commission also provides free legal aid for disabilities by "enforcing federal laws prohibiting employment discrimination against a job applicant or an employee because of the person’s age (40 or older), race, color, sex, religion, national origin, disability or genetic information." If you believe you have been discriminated against on the basis of disability in employment, contact the EEOC to file your complaint.
Locally, many state and city governments provide free legal aid for the disabled through their law departments. To find the contact information for your law department, visit the National Association of Attorneys General webpage.
Whether government program or independent nonprofit organization, many of these free legal aid resources for the disabled have their own online resources, or list other organizations and online resources for the disabled. For those who need legal aid for a disability, but do not qualify for any government programs for free services, online resources are also available. Free legal aid for the disabled can be found through a variety of websites including:
These types of legal aid websites are mostly volunteer-driven by attorneys who have agreed to give free advice or brief legal assistance, or have agreed to take the case pro bono.
Application Process for Free Legal Aid
Most people who are in need of assistance can simply walk in to a legal aid office and seek help with a disability-related matter. You can also contact your local legal aid office by phone beforehand, and they can advise you on what process to expect.
Make sure to have all of the following documentation prior to your visit:
Documents showing your income, house payment and other bills (i.e., recent paycheck stubs, bank statements, tax return, rent receipt, utility bills, etc.) Court papers if the case involves court Proof of Medicare, Public Assistance, etc . Birth certificate, green card, Social Security card, California driver’s license or state ID card for other family members Any other papers related to the matter
If the answer is yes to the above question, ask to speak to a staff attorney or manager when you arrive at the legal aid office. Otherwise, you will be asked to complete an application. In some cases, the process may consist of an interview and a brief legal advice consultation with an attorney. It will definitely involve a brief interview about your problem. Bring all your documents with you when you visit the legal aid office for this consultation. If you have added documents after you filed your application, let the receptionist know.
Common Obnoxious Barriers and How to Address Them
One of the biggest challenges that people encounter when seeking free legal aid for disabilities is the wait. The demand for all types of legal aid has increased significantly over the past few years, and so limited legal aid resources that are available can mean some people need to wait weeks or months just to get a phone call returned to find out if they qualify for the services they requested.
Other challenges include limited resources, and many organizations and individuals who suspected they had a case found out that legal assistance is available for many telltale signs of abuse, but those who need help for disabilities related to substance abuse, poverty, and other issues do not always have the same access to affordable legal aids.
The best way to overcome these challenges is to act early. It’s not always possible to get a one-time touch point with the legal aid services that meet your needs, but following up with them multiple times is essential to understanding the true timeline that your case will take, and how to access all of the other necessary services to improve the odds of success in your case.
If they are out of reach, many times people also consider utilizing other community resources. Asking for help is never easy, and those who do need assistance in finding and getting matched with the right free legal aid organization also face stigma that has long been attached to both disability and the need for legal aid. However, using those community resources of an attorney recommending them simply because they are a colleague can be a great way to get started on seeking legal aid with limited barriers to entry.
Other services such as charities, community outreach organizations, and other support groups may also be able to provide other information on how to find free legal aid for disabilities, so remember that asking for help with finding it can be the first step in living a more empowered life.
Anecdotes of People Who Have Succeeded
Success in obtaining legal assistance for a disability can change the course of someone’s life. This section will highlight real-life examples and testimonials from individuals who were able to access free legal aid for their disability cases. These stories will illustrate both the practical impact of the legal services on the individual’s case, as well as larger sociopolitical impact that can occur when free legal aid is available.
Mary from Texas worked with an advocate from Disability Rights Texas who assisted in getting Medicaid Waiver services approved for her, which allow her to live independently and receive home health care services instead of having to live in a facility. "Having the additional services from the Medicaid Waiver program has been a game changer for me . When I returned from a stay in the hospital, I received attendant care which allowed me to be discharged home and avoid having to stay indefinitely in a rehabilitation hospital. The waiver services have given my family and I peace of mind."
"When I was injured, I didn’t know how I would pay for medical care," Georgianna from Ohio explains. "But when I learned about this non-profit organization that provides free lawyers for people with disabilities like me, I was relieved. They were great, I got an award of $23,000 from Social Security."
Michelle, who lives in California, was assisted by a local legal aid advocacy group that focuses on disability-related cases. "Even though my case was against a large bank, the legal aid society took on my case for free – it gave me closure that I was able to fight City Hall and win." Her case involved financial elder abuse against her elderly mother. The case was settled by the bank for $100,000.