San Jose Disability Lawyer

Skilled Disability Attorneys Serving San Jose, CA

Living with a disability is, in itself, challenging. You have to work extra hard to do the same things people without that disability would do. Sometimes, you are unable to do those things and you have to resign yourself to never having those experiences. When you choose our firm, a San Jose Disability Lawyer can help you receive the best quality of life you can possibly receive.

Despite having to deal with that knowledge, you are determined not to let your disability prevent you from getting the best of life – including the job of your dreams. California laws make it possible for you to have this.

People living with one disability or the other are members of the protected class in the United States. The Fair Employment and Housing Act (FEHA) and the Americans with Disability Act (ADA) are two of the laws put in place to protect people with disabilities from discrimination.

The state of California, where San Jose is located, takes this a step further. Where federal laws (FEHA and ADA) state that a person’s disability must involve “substantial limitation” to qualify for its protection, California laws hold only that the disability must “limit” a major life activity to qualify for its protection.

The bottom line is that if you live with a disability in San Jose, you are in a protected class and you must not be treated differently because of your disability. If you or your loved one has suffered discrimination due to a limiting disability, reach out to the law firm of Pillsbury & Coleman LLP.

A San Jose disability lawyer stands ready to get justice for you. We provide aggressive representation for people discriminated against for limiting disabilities.

Ways in which you can be discriminated against

The two most common types of discrimination are failure to accommodate an employee with a disability, and denial of job benefits due to a disability.

Failure to accommodate an employee with a disability

When an employee declares a disability that will require special accommodations from an employer, the employer must make the required accommodations. If the employer suspects the disability or they were informed by a third party, they still have to accommodate you.

When we take on your case, we not only fight for you to get the accommodation you need, you also do not have to fear retaliation from your employer.

Denial of jobs due to disability

When a person suffers an injury that results in limiting disabilities, they may be placed on “light duty work” only. Some employers counter the doctor’s orders by claiming that they do not have any work that fits the doctor’s orders.

The result of this is that the employee will be unable to work in that place of employment either till he or she heals or indefinitely.

Putting a “no restrictions” policy in place

A “no restrictions” policy provides employers with a loophole to take advantage of if their employee develops a disability while in their employ. With it, they can refuse to take an employee back unless they receive an authoritative statement that the employee can resume normal daily tasks.

The problem with this policy is that it violates your rights as an employee under the FEHA especially if your employer could conceivably make the accommodation without significant hardship.

How Our San Jose Disability Attorney Can Help You

A disability attorney in San Jose can provide valuable assistance to clients navigating the complex and often challenging process of obtaining disability benefits. Here are ways they can help:

• Expertise in Disability Law: Disability attorneys possess in-depth knowledge of federal and state disability laws, ensuring clients receive accurate advice and guidance tailored to their specific situation.
• Determining Eligibility: Attorneys help clients understand if they qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) by evaluating medical records, work history, and financial status.
• Gathering Necessary Evidence: They assist clients in gathering essential medical, vocational, and testimonial evidence to support their disability claim, ensuring a strong case presentation.
• Filing and Managing Claims: An attorney can handle the entire application process, including filling out paperwork, submitting the claim, and monitoring its progress to ensure it meets deadlines and requirements.
• Appeals and Denials: In cases of initial claim denials, the attorney can appeal the decision, presenting additional evidence and legal arguments to strengthen the case.
• Representing Clients at Hearings: Attorneys can represent clients during disability hearings, cross-examining witnesses, presenting evidence, and making persuasive arguments to increase the chances of a favorable outcome.
• Explaining Benefits and Rights: A disability attorney can explain the types of benefits available, the rights of clients during the application process, and any potential issues that may arise.
• Handling Communication with Agencies: Attorneys act as intermediaries between clients and government agencies, communicating on their behalf to ensure accurate information exchange and timely updates.
• Peace of Mind: Having a disability attorney provides clients with reassurance, knowing they have a legal advocate who understands the complexities of the system and is committed to fighting for their rights.

Our skilled and experienced disability attorney in San Jose plays a vital role in helping clients navigate the intricate process of obtaining disability benefits, from initial application through potential appeals, ensuring they have the best possible chance of securing the support they need.

Choose A San Jose Disability Lawyer To Represent You

Our San Jose disability lawyers are versatile and have a firm grasp of what it will take to win your case – including getting the requisite medical evidence and working with your doctors on your behalf. We will thoroughly review your file and advise you on the best line of action for you. Though this article addresses disability discrimination in the workplace, its effects extend beyond the workplace to other aspects of life. We understand this and the passion with which we fight for our clients stems from that understanding.

Simply put, if you or your loved one has been discriminated against because of a limiting disability, reach out to our San Jose disability lawyers, and let’s help you make them pay. To schedule a consultation, call our office at (415) 433-8000 or contact us today.