veterans disability law firms Disability Law

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

Congress created the VA claim process to be veteran-friendly. We make sure your application is properly prepared and we track your case through the process.

USERRA obliges employers to make reasonable accommodations available to employees with disabilities that are incurred 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, terms and benefits of employment.

Appeals

Many veterans are denied benefits or get an inadequate disability rating, when it should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures to be adhered to and the law is ever-changing. A skilled lawyer will guide you through the appeals process, advise you on what evidence you must submit in your appeal, and help you build a strong claim.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is essential to be clear in your NOD about why you do not agree with the decision. You do not have to list every reason why you disagree, but only those that are relevant.

You may file your NOD within one year of the date you appealed against the unfavorable decision. If you require additional time to prepare your NOD, an extension may be granted.

Once the NOD has been submitted, you will be provided with a date for Veterans disability Lawyer hearing. You must bring your attorney to the hearing. The judge will go through all evidence presented before making a decision. A competent attorney will make sure that all of the required evidence is presented at your hearing. This includes any service records, private medical records and any C&P examinations.

Disability Benefits

Veterans suffering from a physical or mental health issue that is incapacitating and was triggered or aggravated by their military service, could be eligible for disability benefits. These veterans may receive a monthly monetary payment according to their disability rating, which is a percentage that indicates the severity of their illness.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans in filing a claim and obtain the medical records they require, other documents to complete the necessary forms, and keep track of the VA’s progress.

We can also assist in appeals of any VA decision, including denials of benefits, disagreements regarding the percentage evaluation or disagreements 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 properly prepared and that any additional SOCs are submitted with all the necessary information to back every argument in the claim.

Our lawyers can help veterans with disabilities that are related to their service to apply for vocational rehabilitation services. This program provides education, training and job-related skills to veterans to prepare them for civilian jobs or to adapt to a new profession when their disabilities keep them from working in a meaningful way. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to perform their duties. This includes changes to the job description or changes to the workplace.

Disabled veterans looking for work may want to contact the Department of Labor's Ticket to Work program. This is a national job placement and business training program that helps disabled veterans find work and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select between five different paths to employment. The five options are reemployment at the same employer, veterans disability lawyer speedy access to employment, self-employment, and work through long-term services.

Employers may ask applicants whether they require any accommodations to participate in the hiring process, such as more time to sit for an exam or the ability to give verbal instead of written answers. The ADA does not allow employers to ask about disabilities unless they are obvious.

Employers who are concerned about discrimination against disabled veterans might be interested in organizing training sessions for their entire staff in order to increase awareness and understanding of veteran-related issues. In addition, they can contact the Job Accommodation Network, a free consulting service that provides individual workplace accommodations and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities due to their military experience have difficult to find employment. To help them to find work, the Department of Labor supports a national job resourcing and information resource called EARN. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans disability lawyer seeking employment.

The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, promotions or benefits. The ADA also restricts the information that employers can request regarding a person's medical history and prevents harassment and reprisals in response to disability. The ADA defines disability as a condition that significantly limits one or more major aspects of daily life, such as hearing and walking, breathing, seeing. Sitting, standing at a desk, working, studying and more. The ADA excludes certain conditions that are common among veterans, such as post-traumatic disorder or tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans disability lawyers who require accommodations to do their job. This is not the case if the accommodation creates unnecessary hardship to the contractor. This includes altering equipment, offering training, delegating the duties to different positions or facilities, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids, talking calculators, Braille devices and Braille displays. Employers must furnish furniture with elevated or lower surfaces or buy keyboards and mice that are made for those with limited physical dexterity.