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veterans disability lawyers Disability Law

veterans disability lawyer disability law is a broad area. We will fight to make sure you receive the benefits that you are entitled to.

Congress created the VA claim process to be veteran-friendly. We will ensure that your claim is well-prepared and you can track the progress of your claim.

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

Appeal

Many veterans are denied disability benefits or are given a low rating that should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures to be adhered to and the law is ever-changing. A skilled lawyer can guide you through the process, guide you identify what evidence should be included in your appeal and develop a convincing argument for your claim.

The VA appeals process begins with a Notice to Disagreement. It is essential to state clearly in your NOD on the reason you do not agree with the decision. You do not have to list every reason that you disagree, but only those that are relevant.

Your NOD can be filed within one year from the date of the unfavorable decision you're appealing. If you require longer time to prepare your NOD, an extension could be granted.

After the NOD has been filed after which you will be assigned a time for your hearing. It is recommended that you bring your attorney to the hearing. The judge will go over the evidence and make a final decision. An experienced attorney will ensure that all the evidence needed is presented during your hearing. This includes any service records, medical records, and any C&P exams.

Disability Benefits

Veterans who suffer from a disabling physical or mental disorder which was caused or aggravated through their military service could be eligible for disability benefits. These veterans could receive an amount of money per month dependent on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans to file a claim and obtain the medical records they require as well as other documentation to complete the necessary forms, and monitor the progress of the VA.

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

Our lawyers can assist veterans suffering from disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for civilian work or to begin an entirely new career if their disabilities preclude 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 prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to complete their job. This includes changes to the job description or changes to the workplace.

Veterans with disabilities who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a nation-wide job placement and training program which assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows Veterans Disability lawyers with disabilities to choose from five different paths to employment. These include reemployment with same employer, rapid access to employment; self-employment and the possibility of employment through long-term services.

Employers may ask applicants if they need any accommodations for the hiring process. For example if they require more time to take the test or if it's okay to speak instead of write their answers. But the ADA does not allow an employer to inquire about a person's disability status unless the disability is obvious.

Employers that are concerned about discrimination against disabled veterans should think about holding training sessions for all employees to raise awareness and enhance understanding of veteran issues. In addition they can contact the Job Accommodation Network, a free service for consultation that provides individual workplace accommodations and technical assistance on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult finding employment. To help them with their job search, the Department of Labor supports a national job referral and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers to disabled veterans seeking work.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. It also restricts the medical information employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that substantially hinders one or more essential life activities, including hearing, seeing breathing, walking sitting, standing, learning and working. The ADA excludes certain conditions that are common among veterans, like tinnitus or post-traumatic disorder (PTSD).

Employers must provide accommodations to disabled veterans who require accommodations to complete their job. This is the case unless the accommodation would cause undue hardship to the contractor. This includes modifying equipment, providing training, reassigning duties to other locations or positions, and acquiring adaptive hardware or software. For instance when an employee is visually impaired or blind the employer has to purchase adaptive software and equipment for computers as well as electronic visual aids, talking calculators, as well as Braille devices. Employers must offer furniture with raised or lower surfaces or buy keyboards and mice adapted for people who have limited physical dexterity.