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veterans disability lawyer Disability Law

Veterans disability law covers a wide range of issues. We will help you get the benefits to which you are entitled.

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

USERRA obliges employers to provide reasonable accommodations to employees with disabilities that are incurred or aggravated through military service. Title I of ADA prohibits disability discrimination in hiring, promotions and pay, as well as training, and other employment terms, conditions, and rights.

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for veterans disability law firms Claims. The process is complex, with specific rules and procedures to be adhered to and the law is always changing. A skilled lawyer will guide you through the appeals procedure, determine what evidence you should submit to support your appeal and assist you build a strong claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, you are crucial to state the reasons you don't agree with the decision. You don't have to list every reason that you disagree, but only those that are relevant.

The NOD can be submitted within one year of the date of the unfavorable decision you are appealing. You could be granted an extension if you require additional time to prepare your NOD.

Once the NOD is filed and you have been assigned a date and time for your hearing. It is recommended that you bring your attorney to the hearing. The judge will go through all evidence presented before making a final decision. A competent attorney will make sure that all the evidence needed is presented at the hearing. Included in this are medical records, service records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a crippling mental or physical condition that was caused or worsened by their military service might be eligible for disability benefits. They may be eligible for an annual monetary payment dependent on the severity of their disability rating.

Our New York disability lawyers work to ensure veterans receive all benefits they're entitled to. We help veterans Disability lawyer to file an application and get the required medical records and other documents as well as fill out the required forms, and track the VA’s progress.

We also can assist in appeals of any VA decisions, including denials of benefits, disagreements over an evaluation percentage or disputes regarding the effective date of rating. Our firm will make sure that the initial Statement of the Case is properly prepared and that any additional SOCs filled with all necessary information are filed when a case is taken to an appeals court.

Our lawyers can assist veterans suffering from disabilities resulting from their military service when applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to help veterans prepare for civilian employment or to begin the new job market if their disabilities hinder their ability 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.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who may have been caused or aggravated by military service. The ADA also requires employers to make reasonable accommodations to assist disabled veterans perform their duties. This could include changes to work duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in finding work. This is a national training and veterans disability lawyer job placement program which assists disabled veterans to jobs and businesses.

Veterans with disabilities who have been removed from the military can choose one of five pathways for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; quick access to employment; self-employment and the possibility of employment through long-term services.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the hiring process. For instance that they require longer time to complete the test or if they feel it's okay to speak instead of write their answers. But the ADA does not allow an employer to inquire about the disability status of a candidate unless the disability is obvious.

Employers that are concerned about discriminatory practices against disabled veterans ought to consider conducting training sessions for all employees to raise awareness and increase understanding of veteran concerns. They should also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service find it difficult to get a job. To assist them get a job, the Department of Labor supports a national job search and information resource known as EARN. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans who are seeking work.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. The ADA also restricts the information employers can ask about a person's health history and prohibits harassment and retaliation due to disability. The ADA defines disability as a condition that restricts one or more of the important life activities, like hearing, seeing, walking, breathing, sitting, standing, and working. The ADA excludes certain conditions that are common to veterans, like post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran needs accommodations to complete the job, the employer must accommodate it unless it would impose undue hardship on the contractor's business. This can include changing equipment, offering training, delegating duties to other locations or positions, and purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids, talk calculators, Braille devices and Braille displays. If an employee has limited physical strength, veterans disability lawyer employers must provide furniture with raised or lowered surfaces or purchase adapted keyboards and mouses.