veterans disability law firms Disability Law

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

Congress designed the VA claim process to be a veteran-friendly one. We make sure that your application is well-prepared and follow your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities that are incurred or aggravated in military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions, and pay, as well as training, as well as other terms, conditions of employment, and privileges.

Appeal

Many veterans are denied disability benefits or are given low ratings that should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for veterans disability law firm Claims. The process is complex with a myriad of rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer can guide you through the process, help you determine what evidence should be submitted with your appeal, and create a compelling case for your case.

The VA appeals process starts with a Notice of Disagreement. In your NOD, it's important to describe why you disagree with the decision. You don't have to list all the reasons why you are not happy with the decision. Just the ones that are relevant.

You are able to file your NOD within one year of when you appealed an unfavorable decision. You could be granted an extension if you require additional time to prepare your NOD.

Once the NOD has been filed, you will be given the date for your hearing. Your attorney should be present to this hearing. The judge will review the evidence you have presented before making a final decision. A competent lawyer will make sure that all the necessary evidence is exhibited during your hearing. This includes any service records, medical records as well as any C&P exams.

Disability Benefits

veterans disability lawyers suffering from a mental or physical illness that is limiting and was triggered or worsened as a result of their military service may be qualified for disability benefits. These veterans may receive a monthly monetary payment depending on the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans in filing claims, get the necessary medical records and other documents, complete necessary forms and monitor the VA's progress on their behalf.

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

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for civilian employment, or to adjust to the new job market if their disabilities hinder their ability to pursue meaningful employment. 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 with disabilities, which includes those who may have been caused by or aggravated due to military service. The ADA also requires employers to offer reasonable accommodations to veterans with disabilities to perform their job. This includes changes in the job description or changes to the workplace.

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

Veterans with disabilities who are separated from the military can choose one of five routes 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 may ask applicants if they require any modifications for the hiring process. For example if they require longer time to complete a test or if it's acceptable to speak instead of writing their answers. The ADA does not allow employers to ask about disabilities unless they are evident.

Employers who are concerned about possible discrimination against disabled veterans should think about holding training sessions for all employees to raise awareness and increase understanding of veteran-related issues. They should also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find employment. To assist these veterans with their job search, the Department of Labor supports a national job-related referral and information resource called EARN. It is funded by the Office of Disability Employment Policy which provides a free phone 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 the hiring process, promotions or benefits. It also limits the medical information that employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability in terms of the condition that significantly restricts one or more major aspects of daily living, such as hearing and breathing, walking, and seeing. Standing, sitting, working, learning and learning, etc. The ADA excludes certain conditions that are common to veterans, like hearing loss or post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled veterans who require accommodations to do their duties. This is true unless the accommodations would create unnecessary hardship for the contractor. This can include altering the equipment, providing training and reassigning responsibilities to different locations or positions as well as purchasing adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices, and Braille displays. If a person has limited physical strength, employers should provide furniture that has raised or lowered surfaces or purchase adapted keyboards and mouses.