Veterans Disability Law
The law governing veterans disability law firm disability is a broad area. We are here to help you get the benefits to which you are entitled.
The VA claim process was designed to be user-friendly by Congress. We will ensure that your claim is well-prepared and you can track the progress of your claim.
USERRA requires employers to provide reasonable accommodations to employees with disabilities acquired during military service or that are aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions and pay, as well as training, as well as other employment terms, conditions and rights.
Appeal
Many veterans are denied benefits, or receive an unsatisfactory disability rating when it should be higher. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures that must be adhered to and the law is constantly changing. A knowledgeable lawyer can guide you through the process, help determine what evidence should be included in your appeal, and build a strong case for your case.
The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is important to be clear in your NOD as to why you disagree with the unfavorable decision. It is not necessary to list all the reasons why you are not happy with the decision, but only those that are relevant.
You can file your NOD within one year of the date you appealed the unfavorable decision. If you require additional time to prepare your NOD, an extension can be granted.
After the NOD is filed, you will receive a date for hearing. It is crucial that your attorney present at the hearing along with you. The judge will review all of your evidence before making a decision. A good attorney will ensure that all the evidence needed is presented during your hearing. Included in this are service records, private health records and C&P exams.
Disability Benefits
Veterans suffering from a physical or mental condition which is disabling and is the result of or worsened as a result of their military service, could be eligible for disability benefits. These veterans may receive an amount of money per month according to the severity of their disability.
Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans to file a claim and obtain the necessary medical records along with other documents and fill out the required forms, and track the progress of the VA.
We also can assist with appeals to any VA decision, including denials of benefits, disagreements on the percentage evaluation, or disagreements regarding the effective date of rating. If a case will be subject to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared properly, and that further SOCs are filled out with all of the required information needed to support every argument in a claim.
Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to help them prepare for civilian work or learn to adapt to a new job when their disabilities prevent them from finding work that is meaningful. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.
Employer Accommodations
The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans perform their job. This could include changes to job duties and workplace adjustments.
Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans disability law firms looking to find work. This is a nationwide job placement and business training program that assists disabled veterans find employment and companies.
Veterans with disabilities who are separating from the military can choose one of five paths to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same company, fast access to employment, self-employment and employment through long-term service.
Employers may ask applicants if they require any accommodations during the selection process. For instance if they require longer time to complete the test or if it’s acceptable to speak instead of write their answers. But the ADA does not allow an employer to ask about a person’s disability unless the disability is obvious.
Employers who are concerned about discrimination against disabled veterans may consider conducting training sessions for all of their staff in order to increase awareness and understanding of issues faced by veterans. They may also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.
Reasonable Accommodations
Many veterans who have service-related disabilities find it difficult to find work. To help these veterans, the Department of Labor supports a national job search and information resource called EARN. Funded by the Office of Disability Employment Policy It provides a no-cost telephone service and electronic information system that connects employers with disabled veterans Disability law firms in search of jobs.
The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of disability in hiring promotions, benefits, or other terms and conditions of employment. The ADA also limits the information employers may inquire about a person’s medical background and also prohibits harassment and discrimination based on disability. The ADA defines disability as the condition that significantly restricts one or more of the major activities of daily life, such as hearing and walking, breathing, seeing. Standing, sitting or working, learning and learning, etc. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).
Employers must make accommodations for disabled veterans who require them in order to perform their duties. This is the case unless the accommodation causes undue hardship for the contractor. This could include modifying the equipment, offering training and transferring responsibilities to other positions or locations in addition to acquiring adaptive hardware or software. For example in the event that an employee is visually impaired or blind the employer must purchase adaptive software and hardware for computers, electronic visual aids and talking calculators, as well as Braille devices. If an employee has limited physical dexterity, a company must supply furniture with raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.