Churchgate, Maharashtra9 disability law lawyer near you

In order to be recognised as having a disability, you must be diagnosed by a doctor. Once this is done, the file is submitted to the Maison départementale des personnes handicapées (MDPH). Any person with a disability is entitled to benefits: social or compensatory benefits, Agefiph aid for workers, etc., but it is not uncommon for these to be an obstacle course. Thus, a lawyer in disability law is able to bring a case before the social division of the judicial court (former Tribunal du contentieux de l'incapacité). Another field in which a lawyer in Churchgate in disability law intervenes: labour law. A disabled worker can work in an adapted company or in an ordinary company. In the first case, the worker must receive a salary equal to or higher than the minimum wage, in the second case, he/she receives the same salary as a valid worker. However, these rules are not always respected. Moreover, discrimination in the hiring of disabled workers is more common than one might think, and dismissal procedures are not always followed to the letter. This is why a lawyer specialising in disability law can intervene to find an amicable solution to the dispute, or even refer the matter to the industrial tribunal. A lawyer in disability law also manages cases concerning measures of protection for adults: safeguard of justice, curatorship and guardianship. He can provide legal advice on the educational and professional integration of an individual with a disability.

Legislation on disability law and case law are not always easy to understand. However, a lawyer has a lot of legal knowledge and is able to find the most favourable solution for his client. In the event of proceedings, he can claim damages for the harm suffered: breach of the principle of equality, slowness of state services in terms of accessibility, discrimination... One of the most typical cases in disability law is appeals to the Multidisciplinary Assessment Team (EPE) or to the Commissions for the Rights and Autonomy of Disabled Persons (CDAPH). Following a refusal (e.g. of a parking card, a priority card for the disabled, a guide dog for the visually impaired), an applicant may, alone or with the help of a lawyer, draw up a Compulsory Prior Administrative Appeal (RAPO). If the appeal is rejected, the case can be brought before the court or the administrative court. If again, the procedure fails, then it is possible to appeal to the Court of Appeal.

The primary role of a lawyer is to advise his or her client and to conduct mediation if the situation is appropriate. A disability lawyer can be called in for any legal question before undertaking any formalities, when faced with a refusal of a case, or when a dispute arises. Of course, the sooner the lawyer knows about the case, the better he or she will be able to resolve it. The lawyer can also intervene at the time of the summons.

Generally, the first contact with a law firm is by telephone. To find the contact details of a lawyer in Churchgate, it is sufficient to refer to a directory listing the professionals of the bar. Some clients prefer to go directly to a written consultation for advice on their dispute. Note that this service is generally subject to a fee. In order to practise in France, all lawyers must hold a Certificate of Aptitude for the Legal Profession (CAPA) and take an oath before the Court of Appeal.

On average, a disability lawyer charges by the hour. In Churchgate, the rate varies between 140 and 170 € and depends on the reputation of the firm, its geographical location and the nature and stakes of the case. During the first meeting with a lawyer, a fee agreement is signed with the client. This way, the fee structure is clear and there are no unpleasant surprises. Some lawyers may ask for a fixed fee. Schemes such as legal aid or personal legal protection may cover part or all of the costs incurred. Note that the granting of legal aid depends on a certain income ceiling. Although the disability compensation benefit (PCH) is not taken into account in the calculation, the disabled adults' allowance (AAH) is.

- Rule 1: A disability lawyer must have a thorough knowledge of the laws in force in the fields of administrative law, labour law and social law. - Rule n°3: The relationship between a lawyer and his client must be a good one. Litigation tends to drag on and the lawyer becomes a regular contact. If you cannot find common ground with your counsel, you can always find another, but during the proceedings.