Whitburn & Pevsner, PLLC

Whitburn & Pevsner, PLLC Whitburn & Pevsner, PLLC is a law firm located in Arlington, Texas. Whitburn & Pevsner, PLLC is a law firm located in Arlington, Texas, and serving clients in Mansfield, Texas, in Arlington, in Tarrant County in general, as well as in north and central Texas.

Our attorneys place top priority on our clients’ interests by providing high quality representation ranging from navigating complex litigation in both state and federal courts to handling ERISA matters. Our focus includes: commercial litigation, ERISA, education, ADA, guardianship/probate, personal injury, wills, trusts, family law, criminal justice, and civil rights. The attorneys establishing this firm sought to combine both professional and personal experience to ensure the most effective representation for our clients. Our lawyers include a successful litigator who has handled a great diversity of cases, first as an attorney with Gibson, Dunn & Crutcher, LLP, one of the world’s leading business law firms, and then fighting for civil liberties as an attorney for the American Civil Liberties Union of Texas. The other founders of Whitburn & Pevsner, PLLC, before ever becoming experienced attorneys themselves, spent many years advocating for their own rights and for those of others, as individuals with physical disabilities. At Whitburn & Pevsner, PLLC, we offer our experience and passion as lawyers to serve our clients with consummate professionalism at a reasonable rate. If you feel that you have a matter that needs to be resolved in the legal arena, whether civil or criminal, or if you require legal services in any of our areas of practice, please feel free to contact us at (817) 592-3488 or Whitburn & Pevsner, PLLC, 2000 E. Lamar Boulevard, Suite 600, Arlington, Texas 76006. Practice Areas
At Whitburn & Pevsner, PLLC, we practice in a wide variety of areas, reflecting our diverse talents. From Special Education to Commercial Litigation, our attorneys provide high quality legal representation with consummate professionalism. Regardless of practice area, we hold ourselves to the highest standards. Antidiscrimination Disability Rights Laws

Employment

Title I of the Americans with Disabilities Act (ADA) prohibits private entities from committing employment discrimination against people based on disability. Under the ADA, these entities must provide reasonable job accommodations to their employees and applicants with disabilities upon request. Title I of the ADA only covers private entities with 15 or more employees. If you believe a private entity has discriminated against you due to your disability or has failed to provide reasonable job accommodations, we can assess your case to determine its merit. If we determine that you have a strong case, then we can offer the following services:
• Sending a demand letter to an entity requesting an amicable solution to the issue at hand.
• Filing an EEOC complaint on clients’ behalf (claimants are required to file an EEOC complaint before filing an ADA employment lawsuit in court).
• Filing a lawsuit in court on behalf of clients.
• Representing clients in any mediation, negotiations or settlement talks. Title II of the ADA covers governmental entities such as the states and local municipalities. The Federal Government is not covered under the ADA. Section 504 of the Rehabilitation of 1973 covers the Federal Government. Section 504 has the same legal requirements as the ADA. Our services are the same as with Title I cases. Education

Special Education

Under the Individuals with Disabilities Education Act (IDEA), independent public school districts must provide a Free Appropriate Public Education (FAPE) to students with disabilities. In providing FAPE, school districts have a legal obligation to provide support services such as paraprofessionals, assistive technology, and physical and occupational therapies to assist students with disabilities in obtaining an appropriate education. Districts also must provide reasonable academic accommodations and make their facilities wheelchair accessible. Our services include:
• Representing students and their parents in Due Process Hearings, mediations and, if necessary, in federal court.
• Assisting clients in finding qualified experts to perform evaluations to determine the appropriate support services & academic accommodations which districts must provide.
• Filing ADA violations complaints with the Department of Justice & the Department of Education.
• Attending ARD meetings and assisting in crafting individualized educational plans.
• Mentoring students with disabilities by educating them on how to best assert their rights and participate in creating their educational plans. Postgraduate Education

Title II of the ADA and Section 504 of the Rehabilitation Act of 1973 prohibit public higher education institutions from discriminating against qualified students with disabilities by providing reasonable accommodations to and making their facilities accessible for people with disabilities. Our services are similar to those under IDEA cases. Public Accommodations

Title III of the ADA requires private entities, both large and small companies, to make their facilities and services accessible to people with disabilities. Unlike Title I, Title III covers all private entities regardless of the number of employees that the companies might have on staff. If you believe a private entity has discriminated against you by failing to make its facilities and/or services accessible, then we can assess your particular case for merit. If we find that it has merit, we can offer the following services:
• Conducting accessibility surveys to determine if a given entity is compliant with the ADA Accessibility Guidelines (ADAAG).
• Sending a demand letter requesting that a particular entity comply with ADAAG.
• Filing a formal complaint with the Department of Justice.
• Filing a lawsuit against the noncompliant entity.
• Representing clients in mediations, negotiations and courts. Housing

The federal Fair Housing Act and Texas Fair Housing Act prohibit disability discrimination in the renting and selling of housing. Under these laws, both public and private entities in the housing industry must make reasonable modifications to their policies, practices and services to ensure equal access to people with disabilities. Landlords must allow renters with disabilities to make reasonable accessibility modifications to the housing premises. These modifications must be at the renters’ expense. If you believe that an entity covered by these laws has discriminated against you, we can assess your case. If we deem that your case has merit, we can offer the following services:
• Conducting accessibility reviews of an entity’s facilities to determine if it is in compliance with Housing and Urban Development administration (HUD) accessibility guidelines.
• Sending a demand letter to an entity requesting they comply with the law.
• Filing a formal complaint with HUD.
• Representing clients in courts at the administrative, state and federal levels. Probate Work

Wills

We can draft wills of any type. From simple wills for individuals to complex wills for couples, we can tailor your will to meet your unique wishes and needs. With a properly drafted will, you can ensure that your estate and cherished possessions get distributed to your loved ones and friends. If you have minor children or mentally incapacitated family members, you can designate a guardian for them in your will in the event they survive you. Trusts

We assist people in establishing trusts. There are different types of trusts which people can use to control their money and property. The two main trusts that we draft are the following:
• Special Needs Trusts: These trusts are available to people with disabilities who have income from a personal injury lawsuit or some other source that disqualifies them from receiving government benefits such as SSI and Medicaid. When determining the eligibility of individuals with disabilities for benefits, the government cannot consider any money or property which is in a special needs trust. These individuals can put their income in this trust with a third party serving as trustee. The special needs trust, instead of the individual with a disability, owns all the income and property contained within it, thereby making the individual eligible for governmental assistance.
• Spendthrift Trusts: A person (grantor) can create a spendthrift trust containing money and/or property for the benefit of someone else (beneficiary). This type of trust is usually created by a grantor who wants to provide for a beneficiary whom the grantor believe cannot or will not manage the money properly. It usually serves as a safe harbor from the beneficiary’s creditors as well. Guardianships

A guardianship may be necessary when a person becomes mentally or physically incapacitated. There are two types of guardianships. Guardianship of the estate is where someone has control of an incapacitated person’s money/property and manages the estate. Guardianship of the person is when a guardian takes custody of the incapacitated person. We can assist in establishing or removing a guardianship. Our approach to guardianships is to find ways to give the proposed ward as much freedom as possible to manage his or her life while at the same time ensuring that his or her best interests are served. Civil Commitments

Probate courts usually adjudicate civil commitments. Under Texas law, anyone who is (1) deemed mentally ill by a licensed physician, and (2) as a result of that illness, likely to cause serious harm to himself or to others, can be involuntarily committed to a mental health facility. If a person is involuntarily committed to a mental health facility, the state must hold a due process hearing to show good cause for the commitment. If you, one of your family members or a close friend are going through an involuntarily civil commitment, we can offer the following services:
• Reviewing the documentation for the commitment application to ensure that the court is following the proper procedures.
• Representing clients in due process hearings.
• Assisting clients in obtaining the appropriate mental health and support services. Section 1983 Cases and other Civil Rights Cases
We bring civil rights cases against governmental agencies and officials, which are usually Section 1983 cases. These cases may involve unconstitutional treatment of undocumented immigrants, abuses in prisons, unconstitutional discrimination, infringement of free speech, freedom of religion and the press. Commercial Litigation
We have substantial experience in federal and state courts across the country in complex commercial litigation of all kinds, including class actions, representing plaintiffs in some cases and defendants in others. ERISA Litigation

We have taken lead roles in litigating ERISA cases throughout Texas, sometimes representing plaintiffs and representing defendants at other times. Family Law

We can handle family law cases, such as adoptions, divorces, and the like. We handle such matters with extreme sensitivity to the extraordinary stress such cases can bring to the lives of those involved. We work hard to assist our clients in reaching their goals smoothly with as little disruption as possible under the circumstances. Personal Injury

Our attorneys have handled personal injury cases in both federal and state court in Texas. We can assist our clients in assessing the merits of their prospective cases, making determinations on how best to pursue proper remedies, and litigating in federal or state court, if litigation proves necessary. Criminal Law

In unfortunate circumstances, where individuals need a defense attorney in a criminal matter, we can provide such representation as well. We can assist our clients in determining how best to proceed, in evaluating potential plea arrangements, or, if necessary, in taking a matter to

Operating as usual

Photos from The Heumann Perspective with Judith Heumann's post
04/27/2021

Photos from The Heumann Perspective with Judith Heumann's post

Crip Camp should won instead of the octopus documentary. A documentary on civil rights should always beat one on mere sq...
04/26/2021

Crip Camp should won instead of the octopus documentary. A documentary on civil rights should always beat one on mere squids. Judith Heumann and the other disability rights are more powerful than squids as Judith changed the lives of people with disabilities in our great country.

I am so grateful to have worn this elegant, pearl pantsuit by @markarian_nyc to the #oscars last night. I felt so proud to be representing such a landmark film! @cripcampfilm

Image Description: Judy Heumann, a white disabled woman with chin length brown hair smiling. She uses a wheelchair and is sitting in front of some greenery. She is wearing a pearl monochrome pantsuit with crystals and pearls studded on the jacket. The blouse underneath and the pants are a cream satin.

04/25/2021

I am getting ready to release my inner fashionista! 😉💄 can’t wait to see your red carpet looks! Repost from @cripcampfilm

We are so excited to be in Los Angeles for #CripCampAtTheOscars! Crip the Red Carpet with hosts @maysoonzayid and @ninagcomedian, with special guest @rebirthgarments tomorrow, April 25th at 3:00pm PT / 6:00pm ET 🎬💯

Link in bio to register 🔗
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[Image description: Wavy lines in pink, black, orange, blue, and purple surround an empty round frame. White text in the center above the frame reads #CripCampAtTheOscars. In the bottom right corner is an Oscars statue in profile view protruding into the center of the frame. The Crip Camp logo is to the right, with a yellow triangular background behind. The Paul K. Longmore Institute logo is centered at the bottom.

Text reads: "Cripping the Red Carpet. A virtual pre-Oscars celebration. Sunday, April 25, 2021. 3:00-4:30pm PST | 6:00-7:30pm EST. Register at tinyurl.com/crippingtheredcarpet. ASL, Deaf Interpreters, CART, CLT and live audio description provided."]

Timeline Photos
04/15/2021

Timeline Photos

Medical cannabis legislation is the topic for CTD's Chase Bearden, interviewed by LeAnn Wallace of Spectrum News. To be aired tonight! Find out why medical cannabis legislation has a great chance of passing! #txlege

Misperceptions Of People With Disabilities Lead To Low-Quality Care: How Policy Makers Can Counter The Harm And Injustic...
04/02/2021
Misperceptions Of People With Disabilities Lead To Low-Quality Care: How Policy Makers Can Counter The Harm And Injustice | Health Affairs Blog

Misperceptions Of People With Disabilities Lead To Low-Quality Care: How Policy Makers Can Counter The Harm And Injustice | Health Affairs Blog

Explicit and implicit discriminatory bias within the health care professions represent an insidious virus against which people with disabilities have been fighting for decades. As the newly appointed chair of the National Disability Council, I believe we must respond collectively to address the disc...

Please read the great policy letter by Lauren Gerken regarding Texas Senate Bill 7.  She correctly points out that this ...
03/30/2021
Written Testimony on SB 7 - Texas Council for Developmental Disabilities

Please read the great policy letter by Lauren Gerken regarding Texas Senate Bill 7. She correctly points out that this bill would violate the Americans with Disabilities Act, if our legislature passes it in its current form. Please contact your state representatives to tell them to vote AGAINST Texas Senate Bill 7.

  Mary Durheim, ChairRobert Schier III, Vice ChairBeth Stalvey, MPH, PhD, Executive Director 6201 E. Oltorf, Suite 600Austin, TX 78741-7509Email: [email protected]: www.tcdd.texas.gov Phone: (512) 437-5432Toll Free: (800) 262-0334Fax: (512) 437-5434 SENATE COMMITTEE ON STATE AFFAIRS Writ...

Founded in 1978, CTD is the largest and oldest member-driven cross-disability organization in the state. “Cross-disabili...
03/21/2021
SXSW Honors Organizations with the 2021 Community Service Awards

Founded in 1978, CTD is the largest and oldest member-driven cross-disability organization in the state. “Cross-disability” refers to all types of disabilities and different functional needs, rather than a particular disability or subset of disabilities. CTD envisions a future where all Texans with all disabilities may work, live, learn, play, and participate fully in the community of their choice. We focus on governmental advocacy, public awareness activities, and professional disability consulting to make Texas a leader in disability-related public policy and culture.

Meet five organizations who have dedicated their missions to the betterment of their communities.

I was very honored to serve as a panelist on this Olmstead webinar with such great people. Thanks to ABA Section of Civi...
12/22/2020
The Future of Olmstead: 2020 and Beyond

I was very honored to serve as a panelist on this Olmstead webinar with such great people. Thanks to ABA Section of Civil Rights and Social Justice the ABA Commission on Disabilities Rights for producing this great webinar!

This webinar discusses some of the legal, political, and practical obstacles to full-throated enforcement and the prospects of the Disability Integration Act and explores the potential for extending Olmstead litigation into areas beyond the contours of the original case, such as children with psycho...

I am very honored to represent Whitburn & Pevsner, PLLC in this ABA Olmstead CLE! Please register for this FREE CLE. THI...
11/30/2020

I am very honored to represent Whitburn & Pevsner, PLLC in this ABA Olmstead CLE! Please register for this FREE CLE.

THIS FRIDAY at 2:00 p.m. ET!Join the ABA Section of Civil Rights and Social Justice and theAmerican Bar Association - Commission on Disability Rights
This webinar explores the future of Olmstead v. L.C., with a focus on the role of the Supreme Court, Executive Branch, and Congress. The webinar discusses some of the legal, political, and practical obstacles to full-throated enforcement and the prospects of the Disability Integration Act. Also explored will be the potential for extending Olmstead litigation into areas beyond the contours of the original case, such as children with psychosocial disabilities, people in nursing homes, and sheltered workshops.
Register HERE: https://bit.ly/3lNHiui

Join the ABA Section of Civil Rights and Social Justice and the American Bar Association - Commission on Disability Rights THIS FRIDAY at 2:00 p.m. ET!

This webinar explores the future of Olmstead v. L.C., with a focus on the role of the Supreme Court, Executive Branch, and Congress. The webinar discusses some of the legal, political, and practical obstacles to full-throated enforcement and the prospects of the Disability Integration Act. Also explored will be the potential for extending Olmstead litigation into areas beyond the contours of the original case, such as children with psychosocial disabilities, people in nursing homes, and sheltered workshops.

Register HERE: https://bit.ly/3lNHiui

IRS Issues Final Rules For ABLE Accounts
10/12/2020
IRS Issues Final Rules For ABLE Accounts

IRS Issues Final Rules For ABLE Accounts

Federal officials are firming up rules for a relatively new type of account that allows people with disabilities to save money without jeopardizing their government benefits.

Coalition of Texans with Disabilities
10/10/2020

Coalition of Texans with Disabilities

Our 17th annual Cinema Touching Disability Film Festival opens next week! We're virtual this year, so join us from wherever you are!

Saturday, 10-17, we'll screen 2 films that examine people with disabilities' roles in the Civil War: documentary THE INVALID CORPS and narrative short Union. Director Julia Myers will join us for chat following the films!

Registration is FREE, but required: https://txdisabilities.salsalabs.org/2020ctdff/index.html

Congratulations to my friend and fellow Longhorn Andy Brown!  He is a genuine, great guy who will serve Travis County!  ...
08/17/2020

Congratulations to my friend and fellow Longhorn Andy Brown! He is a genuine, great guy who will serve Travis County! Hook'em!

Yesterday, the precinct chairs elected me to be the Democratic nominee for Travis County Judge. I’m grateful for the faith they have placed in me to lead our community. I look forward to representing our party on the ballot in November. Thank you to Commissioner Travillion and Dyana for running strong progressive campaigns that advanced our shared values. Together, we will continue to work to transform the criminal justice system, prioritize quality healthcare for all, enact ethics reform, combat COVID-19, and a strong economic recovery for our community. We have an election to win in November and I look forward to making my case to all Travis County voters.

NASCAR Driver With Autism Is Turning Heads At 190 MPH
08/11/2020
NASCAR Driver With Autism Is Turning Heads At 190 MPH

NASCAR Driver With Autism Is Turning Heads At 190 MPH

Hours after he was featured on "Good Morning America" for being the first driver in NASCAR with autism, 20-year-old Armani Williams celebrated his first top 10 finish.

Feds Fail To Track COVID-19 At Institutions
08/11/2020
Feds Fail To Track COVID-19 At Institutions

Feds Fail To Track COVID-19 At Institutions

Institutions serving people with developmental disabilities have been hard hit by the coronavirus, but no one knows how widespread the issue is and advocates say that needs to change.

"Rationing healthcare for people disabilities is unacceptable, and The Arc of Texas joins others to demand that harmful ...
07/24/2020
Federal Complaint Says North Texas Rationing of Care Guidelines Leave People with Disabilties at Grave Risk - Disability Rights Texas

"Rationing healthcare for people disabilities is unacceptable, and The Arc of Texas joins others to demand that harmful and discriminatory practices are prohibited during the COVID-19 pandemic and all future emergencies." --Ginger Mayeaux, Director of Public Policy & Advocacy for The Arc of Texas

    FOR IMMEDIATE RELEASE: July 22, 2020 CONTACT: Edie Surtees, Communications Director, 512-407-2739, [email protected] Laurel Goodroe, Communications Specialist, 832-681-8215, [email protected] Advocacy Groups and Five Individuals File Discrimination Complaint Over COVID-19 Treatment Rationing G...

American Association of People with Disabilities
07/15/2020

American Association of People with Disabilities

Join @aapdofficial's REV UP the Vote Festival for messages and performances from Michelle Obama, U.S. Senator Elizabeth Warren, National Disability Rights Network's Jack Rosen, Allie Cannington, Matthew Yanez, and Wesley Hamilton! RSVP for the REV UP the Vote festival 7/16 at 7pm at bit.ly/RevUpFestival

Image Description: Dark blue square graphic with yellow, red, and blue swashes on the side. "REV UP the Vote Festival" is in large white and red letters on top. Below is white text saying "7 PM EST, 4PM PT, Thursday, July 16" and below is a list of names in white text, including, "Michelle Obama, Senator Elizabeth Warren, Matthew Yanez, Allie Cannington, Wesley Hamilton, Jack Rosen." Below this text is the AAPD logo in white on the right and the National Disability Voter Registration Week logo on the left.

American Association of People with Disabilities
06/19/2020

American Association of People with Disabilities

Join us for “The Impact of Disability Representation in Office” when Taryn Williams will interview Senator Tammy Duckworth about working on Capitol Hill as a person with a disability and the importance of representation in appointed or elected office. REGISTER to catch this panel during the virtual REV UP Summit June 22 and 23 at bit.ly/AAPDSummit2020! ASL and CC will be provided.

There are already growls...that Texas will have a terrible budget session in 2021...or not! Our friends at Every Texan n...
06/11/2020
Checking in on State Revenue - Every Texan

There are already growls...that Texas will have a terrible budget session in 2021...or not! Our friends at Every Texan nail it here. Texas has a massive Rainy Day fund, is receiving and will receive extra federal funds and can close loopholes and open revenue streams. The call to legislators is to meet the needs of its citizens. Be educated and be prepared.

Making sure every Texan has the tools they need to come through this health and economic crisis must be the top priority of state lawmakers as they make budget decisions. The COVID-19 pandemic has highlighted how vulnerable our state’s already underfunded health care, schools and other critical se...

06/08/2020
Housing Survey 2020

Housing survey: Texas Health and Human Services Commission
(HHSC) seeks input on the current housing situation and housing needs of people with mental health conditions, substance use histories and/or intellectual and developmental disabilities.
HHSC is seeking input from individuals with lived experience, families/caregivers, providers and service agencies and organizations. Your answers will help them understand the need for housing and housing supports across the state and make plans for the future.
Take the survey and share: https://www.surveygizmo.com/s3/5381252/Housing-Survey-2020

Housing Survey 2020.

“I believe all individuals with disabilities, regardless of service and support needs, should be an equal, valued and in...
05/25/2020
Disability rights advocates' online vigil honors 'unseen and unheard' voices

“I believe all individuals with disabilities, regardless of service and support needs, should be an equal, valued and included member of their community,” she said. “That means a home integrated within the community, not segregated behind a locked gate — unseen and unheard.”

North Texas disability rights advocates called for greater autonomy for people with disabilities Saturday evening during a virtual candlelight vigil. The event, titled “Unheard,” also honored the 445 people currently

Disability Community Check In - Mental Health · Texas Democratic Party - Organizing
05/21/2020
Disability Community Check In - Mental Health · Texas Democratic Party - Organizing

Disability Community Check In - Mental Health · Texas Democratic Party - Organizing

The disability community is coming together to take a moment to check in, listen, and support one another during this pandemic. This week we will be talking about our mental health. This is a brave space to share how we have been holding up. This event is part of the "Disability Community Check In"....

Coalition of Texans with Disabilities
05/11/2020

Coalition of Texans with Disabilities

Candace Valenzuela for Congress
05/08/2020

Candace Valenzuela for Congress

One of our guests for this week's town hall will be Val Vera!

Val was the lead organizer of the Disability Rights Rally in Denton, is the co-founder and Executive Director of Disability Inclusion Society, and serves as the Chair of the City of Denton's Committee on Persons with Disabilities.

Val's intersectional experience as a Disabled Latinx, his proven leadership and communication skills, and his ability to create messages has made him an impactful Disability Rights Activist.

To be a part of our conversation and speak with Val, Candace, and our other guests, please sign up at
https://www.mobilize.us/candacefor24/event/271049/

We will also be streaming on Facebook and Twitter Live!

Willie Levi, 73, Dies; He Escaped a Life of Servitude
05/04/2020
Willie Levi, 73, Dies; He Escaped a Life of Servitude

Willie Levi, 73, Dies; He Escaped a Life of Servitude

He was one of a group of men with disabilities who worked for substandard wages at a turkey plant but found justice. He succumbed to the new coronavirus.

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2000 E Lamar Blvd, Ste 600
Arlington, TX
76006

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