My minor child is disabled and I been fighting for her disability and I need a lawyer ...

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My minor child is disabled and I been fighting for her disability and I need a lawyer

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DakotaLegal's picture

 

 
There’s a lot of different ways to ask, and fight for, your child’s rights to certain programs under Louisiana disability laws. Let’s talk about some of the step-by-step things to do. These steps will help you get the legal help you and your daughter both need. Always remember, someone who has a disability also usually has the right to get affordable legal help too.
 
First, try a state agency called the Protection and Advocacy group for Louisiana. The services from the P&A are free: http://www.advocacyla.org/index.php/about-us.html. You can also call them and start an intake on your daughter’s needs by calling 1.800.960.7705. The P&A has a large staff of lawyers, paralegals, and medical professionals.
 
The P&A is a lead agency. This means it gets federal and state money, and makes sure state and federal disability rights laws are followed. This covers a lot of ground in Louisiana…the following sites will give you contact information about LA’s state agencies, involved with what are called “Personal Assistance Services”: or PAS


These agencies can help you plan for the total future well-being of your daughter. You can start looking at job training and housing and transposition. Now, let’s look at one of the most specific places you can protect her rights almost immediately: the
 
School System:
 
Until she’s 21 (and sometimes longer), your daughter has rights to inclusion in public schools. You can ask for the school to talk with you about your daughter and her disability. Learn about the need for an Individual Educational Plan (IEP), and her right to an IEP that really makes a difference to her. http://doa.louisiana. gov/osr/lac /28v97/28v97.pdf. And, here’s a really easy-to-use checklist to get prepared for that IEP: http://sda.doe.louisiana.gov/Tools%20for%20Families%20-%20%20Documents /AGoodIDEAforLouisiana.pdf.
 
If you disagree with the planning process, or already have an IEP and don’t like it, then you can appeal through what’s called a Due Process hearing. Here’s information on that process of complaining if your daughter is suffering from a poor educational plan: http:// www.k12.com/sites/default /files/pdf/school docs/Louisianas%20Educational%20 Rights%20of%20Children %20with%20Disabilities.pdf.
 
Having a good IEP can help with other issues. The facts and experts who should help draw up your daughter’s IEP (funded by the school district) can also later provide valuable information for other services. This coordination of program services for the disabled fits into what Louisiana tries to do in having “wraparound” services, through the Department of Health: http://new.dhh.louisiana.gov/assets/docs/ BehavioralHealth/ publications/CSOC/Doucments/ CSOCProgDescrip9111.pdf. The program is said to be a priority of the Governor. It’s especially important if your daughter has any severe behavioral issues that may interfere with your ability to raise her or keep her at home.
 
Depending on your daughter’s disability, it’s very often a great idea to find a group that has parents with similar concerns. You can ask about these groups and associations through the state P&A.
 
 
What About Social Security?
 
Depending on several factors, including the time you and the girl’s father have been employed, and most importantly your daughter’s age and disability, you should consider applying for SSDI on her behalf. Louisiana CFS can help with that process: http://www. dss.louisiana.gov/index.cfm?md=pagebuilder&tmp= home&nid =161& pnid=158&pid=58. And if you feel you want legal help in that process, be sure to get a lawyer who handles a lot of SSDI cases and who won’t charge you anything until and unless your daughter gets benefits. For that, try here… http://www.lsba.org/MembershipDirectory/Lawyer ReferralInformation.asp?Menu=PR.

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DakotaLegal's picture

 

 
There’s a lot of different ways to ask, and fight for, your child’s rights to certain programs under Louisiana disability laws. Let’s talk about some of the step-by-step things to do. These steps will help you get the legal help you and your daughter both need. Always remember, someone who has a disability also usually has the right to get affordable legal help too.
 
First, try a state agency called the Protection and Advocacy group for Louisiana. The services from the P&A are free: http://www.advocacyla.org/index.php/about-us.html. You can also call them and start an intake on your daughter’s needs by calling 1.800.960.7705. The P&A has a large staff of lawyers, paralegals, and medical professionals.
 
The P&A is a lead agency. This means it gets federal and state money, and makes sure state and federal disability rights laws are followed. This covers a lot of ground in Louisiana…the following sites will give you contact information about LA’s state agencies, involved with what are called “Personal Assistance Services”: or PAS


These agencies can help you plan for the total future well-being of your daughter. You can start looking at job training and housing and transposition. Now, let’s look at one of the most specific places you can protect her rights almost immediately: the
 
School System:
 
Until she’s 21 (and sometimes longer), your daughter has rights to inclusion in public schools. You can ask for the school to talk with you about your daughter and her disability. Learn about the need for an Individual Educational Plan (IEP), and her right to an IEP that really makes a difference to her. http://doa.louisiana. gov/osr/lac /28v97/28v97.pdf. And, here’s a really easy-to-use checklist to get prepared for that IEP: http://sda.doe.louisiana.gov/Tools%20for%20Families%20-%20%20Documents /AGoodIDEAforLouisiana.pdf.
 
If you disagree with the planning process, or already have an IEP and don’t like it, then you can appeal through what’s called a Due Process hearing. Here’s information on that process of complaining if your daughter is suffering from a poor educational plan: http:// www.k12.com/sites/default /files/pdf/school docs/Louisianas%20Educational%20 Rights%20of%20Children %20with%20Disabilities.pdf.
 
Having a good IEP can help with other issues. The facts and experts who should help draw up your daughter’s IEP (funded by the school district) can also later provide valuable information for other services. This coordination of program services for the disabled fits into what Louisiana tries to do in having “wraparound” services, through the Department of Health: http://new.dhh.louisiana.gov/assets/docs/ BehavioralHealth/ publications/CSOC/Doucments/ CSOCProgDescrip9111.pdf. The program is said to be a priority of the Governor. It’s especially important if your daughter has any severe behavioral issues that may interfere with your ability to raise her or keep her at home.
 
Depending on your daughter’s disability, it’s very often a great idea to find a group that has parents with similar concerns. You can ask about these groups and associations through the state P&A.
 
 
What About Social Security?
 
Depending on several factors, including the time you and the girl’s father have been employed, and most importantly your daughter’s age and disability, you should consider applying for SSDI on her behalf. Louisiana CFS can help with that process: http://www. dss.louisiana.gov/index.cfm?md=pagebuilder&tmp= home&nid =161& pnid=158&pid=58. And if you feel you want legal help in that process, be sure to get a lawyer who handles a lot of SSDI cases and who won’t charge you anything until and unless your daughter gets benefits. For that, try here… http://www.lsba.org/MembershipDirectory/Lawyer ReferralInformation.asp?Menu=PR.