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The Disability Law Center (DLC) is the Protection and Advocacy agency for Massachusetts. As a Protection and Advocacy agency, DLC is responsible for protecting and advocating for the rights of Massachusetts residents with disabilities.
DLC receives federal, state, and private funding but is not part of the state or federal government. DLC also receives support from other public and private sources to provide legal advocacy to protect the legal rights of people with disabilities.
DLC's mission is to provide legal advocacy on disability issues that promote the fundamental rights of all people with disabilities to participate fully and equally in the social and economic life of Massachusetts. DLC is dedicated to expanding the opportunities for people with disabilities to live full and independent lives by providing legal representation and information about their legal rights.
This topic provides a variety of information about The Disability Law Center. You may read the topic sequentially or jump to specific sections by following the links below.
· Programs
o Protection and Advocacy for Individuals with Developmental Disabilities (PADD)
o Protection and Advocacy for Individuals with Mental Illness (PAIMI)
o Protection and Advocacy for Individual Rights (PAIR)
o Protection and Advocacy for [Individuals in Need of] Assistive Technology (PAAT)
o Protection and Advocacy for Beneficiaries of Social Security (PABSS)
o Protection and Advocacy for Individuals with Traumatic Brain Injury (PATBI)
o Protection and Advocacy for Voter Access (PAVA)
o Disability Benefits Project (DBP)
· See Also
DLC provides services to individuals with disabilities and their families and advocates under the programs detailed below.
Authorization: The Developmental Disabilities Assistance and Bill of Rights Act, 42 USC 15001, PL 106-402.
The PADD program was authorized under the Developmental Disabilities Assistance and Bill of Rights Act and provides for each State to establish a Protection and Advocacy (P&A) System to empower, protect, and advocate on behalf of persons with developmental disabilities. This system must be independent of service-providing agencies. The P&As are authorized to provide information and referral services and to exercise legal, administrative and other remedies to resolve problems for individuals and groups of clients. The P&As are also required to reach out to members of minority groups that historically have been underserved. In addition to the PADD program, which serves people with developmental disabilities, the P&A also includes components mandated by several other Federal programs to serve people with disabilities and mental illness.
The PADD is mandated to:
· investigate incidents of abuse and neglect and follow up reports of incidents, or investigate if there is probable cause to believe that such incidents have occurred; and
· get access to all client records when provided with client or representative authorization, and to access records without such authorization when there is probable cause that abuse or neglect is involved.
Authorization: The Protection and Advocacy for Mentally Ill Individuals Act, 42 USC 10801, PL 106-310.
PAIMI serves persons with mental illness. The federal authority for protection and advocacy (P&A) systems to protect the legal rights of individuals with mental illnesses, including investigation of neglect and abuse, was revised. Public Law 106-310 creates an expanded role for the P&As to serve individuals living in the community (including at home) once the program's appropriation exceeds $30 million. Under the prior law, P&As were limited to assisting individuals in institutions or those recently discharged from an institution. That provision was a significant barrier to helping individuals in the community, such as children who need special education and related services under the Individuals with Disabilities Education Act (IDEA) or adults who are homeless or facing housing discrimination.
Authorization: The Rehabilitation Act, 29USC 794e, PL 106-402.
The PAIR program supports the protection and advocacy system in each state to protect the legal and human rights of individuals with disabilities. To be eligible for advocacy services from the PAIR program, an individual with a disability must:
1. be ineligible for the Protection and Advocacy of Developmental Disabilities (PADD) program funded under part C of the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) because the individual does not have a "developmental disability" as defined in the DD Act;
2. be ineligible for the Protection and Advocacy for Individuals with Mental Illness (PAIMI) program funded under the Protection and Advocacy for Mentally Ill Individuals Act because the individual is not an "individual with mental illness" as defined by the PAIMI Act and
3. need services that are beyond the scope of services authorized to be provided by the Client Assistance Program (CAP) under section 112 of the Rehabilitation Act of 1973, as amended.
The Act requires each PAIR program to set annual priorities and objectives to meet the needs of individuals with disabilities in its state. Most PAIR programs set priorities and objectives related to assisting individuals with disabilities to secure accessible and affordable housing in the community and to reduce accessibility, communication and transportation barriers in the community. PAIR programs also increase the availability of supports enabling individuals with severe disabilities to participate freely in community life. Individuals with severe disabilities are to be involved in the development and implementation of the protection and advocacy system.
Authorization: The Assistive Technology Act, 29 USC 3011,3012, PL 105-394.
The PAAT program objective is to "assist individuals with disabilities and their family members, guardians, advocates and authorized representatives in accessing technology devices and assistive technology services" through case management, legal representation and self-advocacy training.
Authorization: The Ticket to Work and Work Incentives Improvement Act, 42 USC 1320b-20, PL 106-170
The PABSS program provides protection and advocacy services to persons with disabilities who are beneficiaries of Social Security. It is a part of the Ticket to Work and Work Incentives Improvement Act of 1999. The P&A assists these individuals with information and advice about obtaining vocational rehabilitation and employment services. The P&A can also provide advocacy or other services that a disabled beneficiary may need to secure or regain gainful employment.
Authorization: The Children's Health Act of 2000, 42 USC 300d-53, PL 106-310.
The PATBI program provides protection and advocacy services for people with traumatic brain injuries. The P&A assists these individuals with technical assistance and legal representation.
Authorization: The Help America Vote Act of 2002, 42 USC 15461-62, PL 107-252.
The PAVA program seeks to ensure full participation in the electoral process for individuals with disabilities, including registering to vote, casting a vote and accessing polling places.
DLC provides support and assistance to a statewide network of attorneys and paralegals who represent disabled people who have been denied SSI or SSDI benefits. DLC refers individual cases to this statewide network. DLC co-counsels selected cases with public interest and private attorneys in this network.
For additional information, see the Disability Benefits Project page at:
http://www.dlc-ma.org/funding.html#DBP
DLC represents clients with disabilities who have been discriminated against because of their disability.
Priority issues include discrimination in employment, housing, public accommodation, child care facilities, and transportation.
If you need legal assistance or further information, call or visit. All offices are accessible. DLC can assist with arrangements for sign language and foreign language interpreters.
Visit the DLC website at:
http://www.dlc-ma.org/
The Disability Law Center
11 Beacon Street, Suite 925
Boston, Massachusetts 02108
(800) 872-9992 Voice
(800) 381-0577 TTY
(617) 723-8455 Voice
(617) 227-9464 TTY
(617) 723-9125 Fax
The Disability Law Center
30 Industrial Drive East
Northampton, Massachusetts 01060
(800) 222-5619 Voice
(413) 584-6337 Voice
(413) 582-6919 TTY
(413) 584-2976 Fax
The Disability Law Center, working in conjunction with MCLE, wrote a 24 chapter, two-volume book covering all aspects of disability rights law. The publication won the Professional Excellence award in the Best Publication category of the International Association for Continuing Legal Education (ACLEA). More information about the publication is available online at:
http://www.dlc-ma.org/Resources/General/Legal%20Rights%20Book.htm
Massachusetts Client Assistance Program
Protection and Advocacy Systems - Overview
Protection and Advocacy for Beneficiaries of Social Security (PABSS) Program
Developmental Disabilities Assistance and Bill of Rights Act (DD Act)
State Councils on Developmental Disabilities
Information for this topic was drawn from the DLC website at:
http://www.dlc-ma.org/
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