veterans disability lawyer Disability Law

Veterans disability law is a broad field. We will help you help you get the benefits you deserve.

Congress created the VA claim process to be veteran-friendly. We will ensure that your claim is properly prepared and we track your case through the process.

USERRA stipulates that employers must offer reasonable accommodations for employees with disabilities acquired during military service, or veterans disability attorneys aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring, promotions, pay, training and other terms, conditions and privileges of employment.

Appeals

Many veterans are denied benefits or veterans disability attorneys get low disability ratings when it should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and procedures to follow, and laws are constantly changing. An experienced lawyer will guide you through the appeals process, help you determine the type of evidence you need to present to support your appeal and assist you build a strong claim.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, it's crucial to state your reasons for disagreeing with the decision. You don't need to list every reason you don't agree with the decision, but only the ones that are relevant.

You can file your NOD within one year from the date you appealed the unfavorable decision. If you require more time to prepare your NOD, an extension could be granted.

After the NOD has been filed, you will receive an appointment date. It is important to have your attorney attend the hearing with you. The judge will examine your evidence and make a decision. A good attorney will make sure that all the evidence needed is presented during your hearing. Included in this are any medical records, service documents, health records for private use and C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental illness that is debilitating and was caused or worsened due to their military service may be eligible for disability benefits. Veterans may receive a monthly monetary payment based on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We help veterans file an application, obtain the required medical records and other documents, fill out necessary forms and monitor the progress of the VA on their behalf.

We also can assist with appeals to any VA decisions. This includes denials of VA benefits, disagreements over the percentage of an evaluation or disagreements over the date of effective rating. Our firm will make sure that the first Statement of the Case is properly prepared and any additional SOCs that contain all the relevant details are filed if the case is brought to an appeals court.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian employment or to transition to a new career when their disabilities prevent them from being able to find a job 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.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those that may have been caused or aggravated through military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans do their duties. This includes changes in job duties or workplace modifications.

Disabled veterans who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nationwide program for job placement and business education program that assists disabled veterans find work and companies.

Veterans with disabilities who have been removed from the military can follow one of five paths to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer, rapid access to employment, self-employment and work through long-term service.

Employers can inquire to provide any modifications to participate in the hiring process, including longer time to complete an exam or the ability to give oral instead of written answers. However, the ADA does not allow employers to inquire about a person's disability in the absence of evidence.

Employers that are concerned about discriminatory practices against disabled veterans Disability lawyers should think about conducting training sessions for all employees to raise awareness and increase understanding of veteran issues. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find employment. To assist these veterans, the Department of Labor supports a national job resourcing and information resource called EARN. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone number and an electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability when it comes to hiring promotions and benefits, as well as other terms and conditions of employment. The ADA also restricts the information that employers can inquire about a person's medical history and prevents harassment and reprisals because of disability. The ADA defines disability as conditions that severely limit one or more essential activities of daily living, like hearing and breathing, walking, or seeing. Sitting, standing or working, learning and so on. The ADA excludes certain conditions that are common to veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who need them in order to perform their duties. This is not the case if the accommodation causes undue hardship for the contractor. This includes altering the equipment, offering training and transferring responsibilities to different positions or locations in addition to acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must provide furniture with higher or lower surfaces or purchase keyboards and mice specifically designed for people with restricted physical dexterity.