veterans disability lawyer Disability Law
Veterans disability law is a broad field. We will do our best to make sure you receive the benefits that you have earned.
The VA claim process was designed to be user-friendly by Congress. We will ensure that your claim is well-prepared and we track the progress of your claim.
USERRA requires that employers provide reasonable accommodations to employees with disabilities acquired during military service, or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions, pay, training and other terms, conditions and
Veterans disability Lawyer privileges of employment.
Appeals
Many veterans are denied disability benefits or are given an inadequate rating that should be higher. A veteran benefits lawyer can help you 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 will guide you through the appeals process, help you determine what evidence you must submit for your appeal, and assist you build a strong claim.
The VA appeals process starts with a Notice of Disagreement. In your NOD, you are important to describe why you are not happy with the decision. You don't need to list all the reasons you do not agree with the decision, but only those that are relevant.
The NOD can be filed within a year of the date of the adverse decision you are appealing. If you require more time to prepare your NOD, an extension may be granted.
After the NOD is filed, you will be given the date for your hearing. Your attorney should be present to this hearing. The judge will look over your evidence prior to making a decision. A good attorney will ensure that all the evidence needed is presented during your hearing. Included in this are medical records, service documents, health records for private use and C&P exams.
Disability Benefits
Veterans suffering from a debilitating mental or physical condition that was aggravated or caused by their military service may qualify for disability benefits. They may be eligible for an annual monetary payment according to the severity of their disability rating.
Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We help veterans file claims, obtain required medical records and other documents, fill out required forms and track the progress of their VA claim on their behalf.
We can also help with appeals of any VA decision. This includes denials of VA benefits, disagreements regarding a percentage evaluation or disputes over the date of effective rating. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs with all the necessary details are filed if a case is taken to an appeals court.
Our lawyers can help veterans with disabilities arising from their service by assisting them in applying for vocational rehabilitation services. This program provides education, training and job skills to veterans to help them prepare for civilian jobs or to learn to adapt to a new job when their disabilities keep them from working in a meaningful way. 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 (ADA) prohibits discrimination against
veterans disability Lawyer with disabilities, which includes those who have suffered from disabilities incurred in or aggravated by military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to complete their job. This includes modifications to job duties or modifications to work environments.
veterans disability lawyer with disabilities who are interested in employment may want to contact the Department of Labor's Ticket to Work program. It is a nationwide training and job placement program that helps connect disabled veterans to jobs and businesses.
Veterans with disabilities who have been removed from the military can follow one of five paths to gain 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 the possibility of employment through long-term service.
Employers can ask applicants whether they require any modifications for the selection process. For instance if they require more time to take an exam or if it is okay to speak instead of write their answers. The ADA does not allow employers to ask about a disability unless it's obvious.
Employers who are concerned about possible discrimination against disabled veterans should think about holding training sessions for all employees to raise awareness and improve understanding of veteran-related issues. Additionally, they can contact the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical assistance on the ADA and other disability-related laws.
Reasonable Accommodations
Many veterans who have disabilities resulting from service are unable to find employment. To help these veterans get a job, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans seeking jobs.
The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability when it comes to hiring promotions benefits, or other terms and conditions of employment. It also limits the medical information employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that significantly limits one or more major life activities, including hearing, seeing breathing, walking, sitting, standing and working. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).
Employers must provide accommodations to disabled veterans who need them to complete their duties. This is true unless the accommodation causes undue hardship for the contractor. This includes altering the equipment, supplying training, and transferring responsibility to different positions or locations and acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must provide furniture with elevated or lower surfaces or purchase keyboards and mice that are made for those with limited physical strength.
