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veterans disability law firms Disability Law

veterans disability law firms disability law is a broad area. We help you get the benefits to which you are entitled.

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

USERRA obliges employers to provide reasonable accommodations to employees with disabilities incurred during military service, or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions, pay, training and other conditions, rules and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given a low rating, which should be higher. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine the type of evidence you need to present in your appeal, and help you prepare a convincing argument.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, you are important to explain your reasons for disagreeing with the decision. You don't have to include every reason you don't agree with the decision. Just the ones that are relevant.

You can file your NOD within one year from the date that you appealed the unfavorable ruling. If you require longer time to prepare your NOD, an extension may be granted.

Once the NOD has been filed after which you will be assigned a date for your hearing. It is crucial that your attorney attend this hearing together with you. The judge will scrutinize all of your evidence before making a final decision. An experienced attorney will ensure that all the proper evidence is presented during your hearing. This includes any service records, private medical records and any C&P exams.

Disability Benefits

Veterans suffering from a disabling mental or physical condition that was caused or aggravated by their military service might qualify for disability benefits. They may be eligible for a monthly monetary payment based on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We help veterans to file an application and obtain the medical records they require and other documents and fill out the required forms, and track the progress of the VA.

We also can assist with appeals of any VA decisions, including denials of benefits, disagreements regarding a percentage evaluation or disputes about the date of effective of a rating. If a case will be subject to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared properly, and that further SOCs are prepared with all the necessary information to back each argument in the claim.

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program provides education, training, and job skills for veterans to prepare them for civilian employment or adjust to a new career when their disabilities prevent them from finding meaningful work. 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 who have disabilities, including those who may have been caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to perform their duties. This includes changes to job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans interested in finding work. This is a national job placement and business training program that helps disabled veterans find employment and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to choose from five different routes to gain employment. The five options include reemployment with the same employer, speedy access to employment, self-employment and employment through long-term service.

An employer may ask applicants to provide any special accommodations to participate in the selection process, like more time to take tests or to give oral instead of written answers. However, the ADA does not allow an employer to ask about a person's disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may be interested in conducting training sessions for all of their staff in order to increase awareness and understanding of the issues facing veterans. Additionally, they can seek out the Job Accommodation Network, a free consultation service that provides individual workplace accommodations and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find employment. To assist these veterans get a job, the Department of Labor supports a national job search and information resource called EARN. It is funded by the Office of Disability Employment Policy which provides a free phone and lawyers electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of disability in hiring promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information employers can ask about a person's health history and prevents harassment or reprisals because of disability. The ADA defines disability as a condition that significantly limits one or more major aspects of daily living, like hearing and breathing, walking, or seeing. Sitting, standing at a desk, working, studying, etc. The ADA does not cover certain conditions that are common for veterans, like the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to complete their duties. This is the case unless the accommodation creates unnecessary hardship for the contractor. This can include changing equipment, offering training, transferring duties to other positions or facilities, and buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices, and Braille displays. If an individual has limited physical strength, the employer should provide furniture that has raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.