Veterans Disability Law
veterans disability Lawyers disability law covers a wide variety of issues. We are here to assist you in obtaining the benefits to which you are entitled.
The VA claim process was designed to be easy to use by Congress. We ensure that your application is properly prepared and track the progress of your case.
USERRA stipulates that employers must provide reasonable accommodations to employees with disabilities that arise during military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring, promotions pay, training, and other conditions, terms and privileges of employment.
Appeals
Many veterans are denied disability benefits or receive a low rating that should be higher. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for veterans disability lawyer Claims. The process is complex, with specific rules and procedures to be followed, and the law is ever-changing. A skilled lawyer will guide you through the appeals procedure, determine the evidence you need to submit to support your appeal and assist you prepare a convincing argument.
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 have to include all the reasons you disagree with the decision, just those that are relevant.
The NOD can be filed within one year from the date of the unfavorable decision you want to appeal. You may be granted an extension in case you require additional time to prepare your NOD.
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 review all evidence presented before making a decision. A good lawyer will ensure that all of the necessary evidence is presented during your hearing. Included in this are medical records, service documents, health records for private use and C&P examinations.
Disability Benefits
Veterans suffering from a chronic mental or physical condition that was caused or worsened through their military service may qualify for disability benefits. These veterans could receive an annual monetary payment according to the severity of their disability.
Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We help veterans file an application, obtain the required medical records and other documents, complete required forms and track the progress of the VA on their behalf.
We also can assist with appeals for any VA decision. This includes denials of VA benefits, disagreements about the evaluation of a percentage or disagreements over the date of rating that is effective. If a case will be subject to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared, and that additional SOCs are filed with all the required information needed to support every argument in the claim.
Our lawyers can assist veterans with disabilities arising from their service by assisting them in 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 a new career when 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.
Accommodations 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 employers to provide reasonable accommodations for disabled veterans do their duties. This includes changes to job duties or workplace modifications.
Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans looking to find work. This is a nationwide program for job placement and business education program that assists disabled veterans find jobs and businesses.
The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to choose from five different routes to employment. This includes reemployment with the same employer; rapid access to employment; self-employment; and employment through long-term services.
Employers can ask applicants whether they require any modifications for the hiring process. For instance the need for longer time to complete a test or if it is okay to speak instead of write their answers. However, the ADA does not permit an employer to inquire about a person’s disability status unless it is apparent.
Employers who are concerned about discrimination against disabled veterans should think about organizing training sessions for all employees to raise awareness and increase understanding of veteran concerns. Additionally, they can seek out the Job Accommodation Network, a free consultation service that provides individualized workplace accommodations solutions and technical support on the ADA and other disability-related laws.
Reasonable Accommodations
Many veterans with disabilities related to their service experience difficult to find work. To assist them with their job search, 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 looking for job opportunities.
The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring promotions and benefits, as well as other terms and conditions of employment. It also restricts the medical information that employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition which significantly hinders one or more major life activities, including hearing, seeing breathing, walking sitting, standing, learning, and working. The ADA excludes some conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).
If a disabled veteran needs an accommodation in order to complete work, the employer must provide it unless it causes undue hardship on the contractor’s business. This includes modifying equipment, providing training, transferring duties to other jobs or facilities, and buying adaptive hardware or software. For instance the case of an employee who is blind or visually impaired, an employer must acquire adaptive software and hardware for computers, electronic visual aids and Braille and talking calculators devices. If a person is unable to exercise physical strength, the employer should provide furniture with raised or lowered surfaces or purchase adapted mouses and keyboards.