veterans disability law firms Disability Law
Veterans disability law covers a wide range of issues. We will help you ensure you receive the benefits you deserve.
The VA claim process was designed to be easy to use by Congress. We ensure that your application is correctly prepared and monitor the progress of your case.
USERRA requires employers to provide reasonable accommodations for employees with disabilities that are incurred or aggravated through military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions or pay, as well other terms, conditions and privileges of employment.
Appeal
Many veterans are denied disability benefits or are given an inadequate rating that ought to be higher. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and regulations to follow, and laws are constantly changing. A knowledgeable lawyer can help you navigate the process, help determine the right evidence to be included in your appeal and create a compelling case for your case.
The VA appeals process begins with a Notice to Disagreement. In your NOD, you are crucial to state why you disagree with the decision. You don't have to include all the reasons you disagree with the decision. Just the ones that are relevant.
The NOD must be submitted within one year of the date of the unfavorable decision that you are appealing. You may be granted an extension if it is necessary to have additional time to prepare your NOD.
Once the NOD is filed and the NOD is filed, you will be given a date for your hearing. It is crucial to have your attorney be present together with you. The judge will go through the evidence you have presented before making a final decision. A good attorney will make sure that all evidence is presented at your hearing. This includes any service records, medical records and C&P exams.
Disability Benefits
Veterans who suffer from a crippling physical or mental condition that was aggravated or caused by their military service might be eligible for disability benefits. These veterans may receive an annual monetary payment dependent on the severity of their disability rating.
Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans in filing an application and get the medical records they require as well as other documentation as well as fill out the required forms, and keep track of the VA’s progress.
We also can assist with appeals of VA decisions, including denials of benefits, disagreements over an evaluation percentage or disputes over the effective date of an evaluation. If a case is scheduled for an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared, and that further SOCs are submitted with all the necessary information to support every argument in a claim.
Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program provides education, training and job skills to veterans to help them prepare for civilian employment or be able to adjust to a different profession 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.
Accommodation for Employers
The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those that may have been caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to do their job. This could include changes to work duties or modifications to work environments.
Veterans with disabilities who are looking for work may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide employment and business training program that helps veterans with disabilities find jobs and businesses.
The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select from five different routes to employment. These include reemployment with the same employer; quick access to employment, self-employment and work through long-term service.
Employers may ask applicants for any special accommodations to participate in the hiring process, for example, extra time to take a test or permission to provide oral rather than written answers. But the ADA does not allow employers to inquire about a person's disability unless it is evident.
Employers who are concerned about possible discriminatory practices against disabled veterans must consider organizing training sessions for all employees to raise awareness and improve understanding of veteran concerns. In addition, they can contact the Job Accommodation Network, a free consultation service that provides specific workplace accommodations solutions and technical assistance on the ADA and other laws relating to disability.
Reasonable Accommodations
Many veterans with disabilities that are related to their military experience have difficult to find work. To aid these
veterans Disability lawyers, the Department of Labor funds EARN, a national resource for information and job vacancies. The program is supported by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone and electronic information system that connects employers with disabled veterans who are in search of jobs.
The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions, and benefits. The ADA also limits the information that employers can request regarding a person's medical background and also prohibits harassment and revenge based on disability. The ADA defines disability as a condition that significantly restricts one or more of the major life activities including hearing, seeing breathing, walking, sitting, standing, learning and working. The ADA excludes some conditions that are common among veterans, for example the tinnitus condition and post-traumatic stress disorder (PTSD).
Employers must make accommodations for disabled veterans who need them to complete their duties. This is the case unless the accommodation creates unnecessary hardship to the contractor. This includes modifying the equipment, offering training and shifting responsibilities to different positions or locations in addition to acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices and Braille displays. Employers must provide furniture with higher or lower surfaces or purchase keyboards and mouse that are adapted for people who have restricted physical dexterity.