red oak veterans disability law firm Disability Law

Veterans disability law is a broad field. We will help you make sure you receive the benefits that you are entitled to.

Congress designed the VA claim process to be veteran-friendly. We ensure that your application is completed and tracked your case through the process.

USERRA requires employers to provide reasonable accommodations for employees with disabilities incurred or aggravated through military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions, pay, training and other conditions, terms and privileges of employment.

Appeal

Many veterans are denied benefits or get low disability ratings when it should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures to be adhered to and the law is always changing. An experienced lawyer can help you navigate the process, help you determine what evidence should be included in your appeal and develop a convincing argument for your claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is crucial to be clear in your NOD of the reasons you are dissatisfied with the decision. You don't have to list all the reasons you disagree with the decision. Just those that are relevant.

The NoD is filed within a year of the date of the adverse decision you want to appeal. If you require more time to prepare your NOD, an extension can be granted.

Once the NOD has been filed and you have been given a date for your hearing. It is important to have your attorney attend this hearing with you. The judge will look over the evidence and make a final determination. A competent attorney will make sure that all the evidence needed is presented at your hearing. Included in this are any medical records, service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and was triggered or worsened as a result of their military service, may be qualified for disability benefits. These veterans can receive monthly monetary compensation dependent on their disability score which is a percentage that demonstrates the severity of their illness.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist indianola veterans disability lawyer in filing an application and obtain the medical records they require along with other documents and fill out the required forms, and monitor the VA’s progress.

We can also assist with appeals of VA decisions, including denials of benefits, disagreements regarding a percentage evaluation or disputes regarding the effective date for an evaluation. If a case is scheduled for an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared properly, Horizon City Veterans Disability Lawyer and that the additional SOCs are submitted with all the necessary information to support each argument in a claim.

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to help veterans prepare for civilian employment or to transition to changing careers when their disabilities prevent them from being able to find work that is meaningful. Veterans with disabilities may be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to do their duties. This could include changes in the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans interested in employment. This is a national employment and business training program that assists veterans with disabilities find jobs and businesses.

Veterans with disabilities who have been removed from the military can follow one of five routes 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 employment through long-term care.

Employers may ask applicants if they require any accommodations during the hiring process. For instance, if they need longer time to complete the test or if it's okay to speak instead of write their answers. The ADA doesn't allow employers to ask about disabilities unless they are obvious.

Employers that are concerned about possible discriminatory practices against disabled veterans must consider holding training sessions for all employees to increase awareness and enhance understanding of veteran issues. They may also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities due to their service have difficult to get a job. To help these veterans to find work, the Department of Labor funds EARN an online resource that provides information and assistance with job search. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans who are seeking employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers can request regarding a person's medical history and prohibits harassment and discrimination in response to disability. The ADA defines disability as a condition that substantially hinders one or more essential life activities, including hearing, seeing breathing, walking, sitting, standing and working. The ADA does not cover certain conditions that are common for willoughby veterans disability law firm, like hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires an accommodation in order to complete work, the employer must provide it, unless it would impose undue hardship on the contractor's business. This includes altering the equipment, offering training and reassigning responsibilities to other positions or locations as well as purchasing adaptive hardware or software. For example when an employee is visually impaired or blind employers must purchase adaptive software and equipment for computers electronic visual aids, Braille and talking calculators devices. If an individual has limited physical dexterity, a company should provide furniture that has raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.