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veterans disability lawyers Disability Law

Veterans disability law covers a range of issues. We will do our best to get you the benefits you have earned.

Congress designed the VA claim procedure to be supportive of veterans. We ensure that your application is well-prepared and we track the progress of your case.

USERRA requires that employers offer reasonable accommodations for employees with disabilities incurred during military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions pay, training, and other terms, conditions and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given low ratings that isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, with a myriad of rules and procedures to follow, and laws are constantly changing. An experienced lawyer can guide you through the process, assist you to identify what evidence should be included in your appeal and create a compelling case for your case.

The VA appeals process begins with a Notification of Disagreement. It is crucial to make clear in your NOD as to why you do not agree with the decision. It is not necessary to list every reason that you disagree with, but only those that are relevant.

The NOD must be filed within a year of the date of the adverse decision that you are appealing. If you need more time to prepare your NOD, an extension could be granted.

Once the NOD is filed after which you will be given a date for your hearing. You should bring your attorney to this hearing. The judge will look over the evidence and then make a final decision. A competent attorney will make sure that all the proper evidence is presented at the hearing. This includes all service records, medical records as well as any C&P exams.

Disability Benefits

Veterans who suffer from a disabling physical or mental illness that was caused or worsened through their military service may qualify for disability benefits. veterans disability attorneys can receive a monthly monetary payment depending on their disability rating which is a percentage that demonstrates the severity of their condition.

Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We assist veterans to file a claim, obtain necessary medical records as well as other documents, fill out necessary forms and monitor the progress of their VA claim on their behalf.

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

Our lawyers can assist veterans with disabilities that are related to their service in applying 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 adapt 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 disability attorneys 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 who have disabilities, including those caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations for veterans with disabilities do their jobs. This includes changes to the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in finding work. This is a national job-placement and business-training program that assists veterans with disabilities find jobs and veterans disability lawyers businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to choose from five different paths to a job. 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 selection process. For example, if they need longer time to complete the test or if it is okay to speak instead of writing their answers. But the ADA does not allow an employer to ask about the disability status of a candidate unless it is evident.

Employers who are concerned about possible discrimination against disabled veterans should consider having training sessions available to all employees to increase awareness and better understand 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 suffering from disabilities related to their military experience have difficult to get a job. To help them to find work, the Department of Labor funds EARN which is a national source for job referrals and information. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers to disabled veterans seeking work.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. The ADA also limits the information employers can request about a person's medical history and prevents harassment or revenge due to disability. The ADA defines disability in terms of conditions that severely limit one or more major aspects of daily living, like hearing and breathing, walking, and seeing. Sitting, standing and working, as well as learning and more. The ADA excludes certain conditions that are common among veterans, including hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran needs accommodations to complete the job, the employer must accommodate it unless it causes undue hardship on the contractor's business. This includes modifying equipment, providing training, shifting duties to other locations or positions, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids, talk calculators, Braille devices and Braille displays. Employers must offer furniture with higher or lower surfaces or buy keyboards and mice that are adapted for people who have limited physical dexterity.