Free legal representation for people with disabilities

It is the office that can put a lawyer on your case. Puerto Rico has two disability offices with similar names doing different things: the Defensoría investigates and adjudicates complaints and fines; this Protection and Advocacy Office provides legal services and can appear for you before a court — including suing the Government of Puerto Rico. It exists because a federal law requires each jurisdiction to have a Protection and Advocacy system independent of the state, and it is paid for with federal funds.

The Act describes whom it represents as “persons who qualify to obtain a benefit or right under laws and regulations of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.” We did not read that federal act or the eight others Article 14 names, so we publish no eligibility criteria. What we do publish, because it is in the text, is that the Office “shall establish a claims procedure so that persons with disabilities have easy access to the services offered,” and that it provides its services “during accessible hours, in accordance with available resources and programme requirements.”

Information pending verification.

Information pending verification.

1. 1

   Step 1: It can give you a lawyer, and it can sue the Government

   Article 13(b) is this office’s heart. It may “provide legal or administrative assistance or assistance in obtaining any other remedy,” and for that it “may supply directly, by contract, or by referral, at its discretion, professional legal services, or appear for and on behalf of persons who qualify.” Before whom? “Before any court, administrative or mediation forum, board, commission or office.” And it closes plainly: “It shall likewise have the power to bring actions against the Government of Puerto Rico in any of the forums mentioned.”

2. 2

   Step 2: It investigates abuse and neglect

   Subsection (c) gives it the power to “investigate incidents relating to abuse or acts of neglect against persons with disabilities,” and adds with what tools: “this includes inspecting records, documents, inventories and facilities of public agencies and of private persons and entities where pertinent and necessary to an investigation and complaint before them.” It reaches both public and private.

3. 3

   Step 3: When it can see the file without your signature

   This is the most delicate part and we reproduce it whole because it protects the person who cannot ask for help. The general rule in subsection (f) is consent: the Office accesses records “provided the person, their legal representative, guardian or person in charge has authorized it.” But the Act lists four additional situations. First: if the person lacks capacity to authorize due to a mental or physical condition, has no legal representative — or their representative is the Government itself — and the Office received a complaint about their treatment or condition, or there is cause to believe they have been subjected to abuse or neglect. Second: if they do have a representative, there was a complaint or cause to believe there is abuse or neglect, the Office contacted the representative and offered assistance, and that representative “has failed or refused to act on behalf of the person with a disability.” Third: “if the Office determines there is just cause to believe the health or safety of a person with a disability is in serious danger, no other party’s consent is needed.” Fourth: in case of death, likewise not.

4. 4

   Step 4: The nine federal programmes, because each is a door

   Article 14 lists them and they are worth reading because your situation probably falls under a specific one. PADD, protection and advocacy for developmental disabilities. PAIMI, for individuals with mental illness. PAIR, for individual rights, under the Rehabilitation Act of 1973. PAAT, for assistive technology. PATBI, for individuals with traumatic brain injury. PABSS, for Social Security beneficiaries. CAP, the Client Assistance Program, also under the Rehabilitation Act. SPSSB, known as REP PAYEE, on strengthening protections for Social Security beneficiaries. And PAVA, created under the Help America Vote Act, “to guarantee the accessibility, independence and secrecy of persons with disabilities who wish to exercise their right to vote.” We read none of those federal laws, so we publish none of their requirements.

5. 5

   Step 5: Why it had to leave the Defensoría

   We tell this because it explains why there are two offices, and we attribute it to the statement of motives, which is where we read it. The Protection and Advocacy system operated as a division attached to the Defensoría created by Act 158-2015. But the federal law, at 42 U.S.C. 15043, “provides that Protection and Advocacy Systems must be fully independent and free from state interference, real or perceived.” Article 19 of this Act repeals Article 2.17 of Act 158-2015 and takes the division out of there. We did not read the federal law: this is what the statement of motives asserts.

6. 6

   Step 6: There must be an easy way to claim

   Subsection (i) is short and it is a right of yours: “The Office shall establish a procedure for filing claims, so that persons with disabilities have easy access to the services offered.” And subsection (e) adds the hours: it shall provide its services “during accessible hours, in accordance with available resources and programme requirements.” The Act orders the procedure but does not write it, so we publish no form and no steps.

7. 7

   Step 7: It also orients and refers you

   Not everything ends in litigation. Subsection (a) is the widest door: the Office may “provide information and refer persons with disabilities or their relatives to appropriate service programmes that can assist them.” And subsection (d) requires it to “conduct annual consultations with the general public, including persons with disabilities or their representatives,” about the System’s goals and work.

8. 8

   Step 8: Which of the two offices is yours

   The practical difference, per the texts of the two Acts. If what you want is for someone to investigate and adjudicate a complaint, order it corrected and be able to fine up to five thousand dollars, that is the Defensoría, under Act 158-2015, and we have a separate guide. If what you need is legal representation — someone to appear for you before a court or administrative forum, or to bring an action against the Government — or an investigation of abuse or neglect against a person with a disability, that is this Office. Nothing in the texts we read says you must choose only one.

The Office for the Protection and Defence of Persons with Disabilities of Puerto Rico is an entity with administrative and fiscal independence, led by an Executive Director and governed by a Board of Directors. PRFácil has no agency record for it, so this guide is filed under the general-government facet and names it in the text as the Act names it. The Act requires the Office to establish an easily accessible claims procedure, but does not write it: we publish no address, telephone or form because the text carries none. If your matter is a complaint to be adjudicated and fined, the route is the Defensoría under Act 158-2015.

• Confusing it with the Defensoría: this one provides legal services and representation; the Defensoría adjudicates complaints and fines.
• Believing it cannot act against the government: the Act expressly gives it the power to bring actions against the Government of Puerto Rico.
• Thinking consent is always needed for it to see a file: the Act enumerates four circumstances where it is not.
• Assuming it covers only developmental disabilities: it administers nine programmes, including those for mental illness, traumatic brain injury, Social Security and voting accessibility.
• Assuming the service is free because the funds are federal: the Act does not so provide and we do not infer it.
• Looking in this Act for the claim form: the Act requires a procedure to exist, but does not write it.

These are the government pages this guide is based on.

• Portal de Servicios del Gobierno de Puerto Rico (PR.gov)

  PR.gov

  bvirtualogp.pr.gov