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Veterans disability Lawyers Disability Law

Veterans disability law covers a wide variety of issues. We work to assist you in obtaining the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We make sure that your application is correctly prepared and monitor the progress of your claim.

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

Appeals

Many veterans are denied benefits or receive a low disability rating when they should receive a higher rating. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The procedure is complex, Veterans Disability Lawyers with specific rules and procedures that must be followed, and the law is ever-changing. An experienced lawyer will guide you through the appeals process, identify the type of evidence you need to present in your appeal, and help you create a compelling argument.

The VA appeals process begins with a Notice of Disagreement. It is crucial to state clearly in your NOD about why you are dissatisfied with the decision. You do not have to list every reason you disagree, but only those that are pertinent.

The NOD must be filed within a year of the date of the unfavorable decision you're appealing. You may be granted an extension if you require additional time to prepare your NOD.

Once the NOD is filed and the NOD is filed, you will be assigned a time for your hearing. Your attorney should be present to this hearing. The judge will go through the evidence you have presented before making a decision. A good lawyer will make sure that all of the necessary evidence is exhibited during your hearing. Included in this are medical records, service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans who suffer from a disabling physical or mental disorder which was caused or aggravated by their military service may be eligible for disability benefits. They may be eligible for 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 are entitled. We help veterans to file an application and obtain the medical records they require as well as other documentation, fill out required forms, and track the VA’s progress.

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

Our lawyers can assist veterans with disabilities that are related to their service by assisting them in applying for veterans Disability lawyers vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for employment in the civilian sector, or to adjust to the new job market if their disabilities preclude their ability to find a job that is meaningful. It is also possible for disabled veterans 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, which includes those that may have been caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to assist veterans with disabilities perform their job. This includes modifications to job duties or workplace adjustments.

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

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

An employer can ask applicants if they require any special accommodations to participate in the hiring process, such as longer time to complete tests or to give oral instead of written answers. However, the ADA does not allow employers to inquire about the disability status of a candidate unless the disability is obvious.

Employers who are concerned about discriminatory practices against disabled veterans ought to consider conducting training sessions for all employees to raise awareness and increase understanding of veteran concerns. Additionally, they can contact the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions and technical assistance regarding the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans disability law firm with disabilities resulting from service are unable to obtain employment. To assist these veterans, the Department of Labor funds EARN an online resource that provides information and referrals to jobs. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans seeking employment.

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

If a disabled veteran needs an accommodation to do the job, the employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This includes altering the equipment, offering training and shifting responsibilities to other positions or places, as well as acquiring adaptive software or hardware. For instance, if an employee is visually impaired or blind employers must purchase adaptive software and equipment for computers as well as electronic visual aids, Braille calculators and talking devices. If a person is unable to exercise physical dexterity, a company must supply furniture that has raised or lowered surfaces, or purchase specially designed keyboards and mice.

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