Letha Pina asked 2 months ago
Veterans Disability Law
Veterans disability law is a broad area. We are here to help you get the benefits to which you are entitled.
Congress designed the VA claim procedure to be supportive of veterans disability lawyer. We ensure that your application is properly prepared and we track your case through the process.
USERRA requires employers to provide reasonable accommodations to employees who have disabilities that have been incurred or aggravated in military service. Title I of ADA prohibits discrimination based on disability in hiring, promotions and pay and training, and other employment terms, conditions, and rights.
Appeal
Many veterans are denied disability benefits or are given an inadequate rating that isn’t adequate. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and procedures to follow, and the laws are constantly changing. A skilled lawyer can guide you through the process, guide you determine what evidence you should included in your appeal, veterans disability lawyers and create a compelling case for your case.
The VA appeals procedure begins with a Notice to Disagreement. In your NOD, it is important to explain the reasons you don’t agree with the decision. You don’t have to list every reason that you disagree with, but only those that are relevant.
The NOD can be submitted within one year of the date of the unfavorable decision you’re appealing. You may be granted an extension in case you require additional time to prepare your NOD.
Once the NOD is filed, you will be assigned a time for your hearing. You should bring your attorney to this hearing. The judge will look over your evidence and then make a final decision. An experienced attorney will ensure that all evidence is presented at the hearing. Included in this are any medical records, service records, private health records and C&P exams.
Disability Benefits
Veterans suffering from a debilitating mental or physical condition that was caused or worsened by their military service may qualify for disability benefits. These veterans may receive a monthly monetary payment based on their disability rating, which is a percentage that demonstrates the severity of their illness.
Our New York disability lawyers work to ensure that veterans receive the full benefits to which they’re entitled. We assist veterans with filing a claim, obtain necessary medical records and other documents, complete required forms and track the progress of their VA claim on their behalf.
We can also assist with appeals to any VA decisions, including denials of benefits, disagreements regarding the percentage evaluation or disagreements regarding the effective date of a rating. Our firm will ensure that the initial Statement of the Case is correctly prepared and that any additional SOCs filled with all necessary information are filed when the case is brought to an appeals court.
Our lawyers can assist veterans suffering from disabilities related to their military service when applying for vocational rehabilitation services. This program provides education, training, and job skills for veterans to help them prepare for civilian work or adjust to a new career when their disabilities prevent them from obtaining 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.
Accommodation for Employers
The Americans with Disabilities Act prohibits discrimination towards veterans who have 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 Disability Lawyers to perform their job. This includes changes in job duties or workplace modifications.
Ticket to Work, a program of the Department of Labor, may be for disabled veterans disability lawsuit interested in employment. It is a nationwide job-training and placement program that assists veterans with disabilities to jobs and businesses.
The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to choose from five different routes to a job. These include reemployment with same employer, rapid access to employment, self-employment and the possibility of employment through long-term services.
An employer may ask applicants whether they require any accommodations in the hiring process, such as extra time to take an exam or the ability to give verbal instead of written answers. But the ADA does not allow an employer to ask about a person’s disability status unless the disability is obvious.
Employers that are concerned about discriminatory practices against disabled veterans should think about organizing training sessions for all employees to increase awareness and increase understanding of veteran concerns. In addition they can contact the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical assistance on the ADA and other laws related to disability.
Reasonable Accommodations
Many veterans who have disabilities related to service struggle to find employment. To help these veterans with their job search, the Department of Labor funds EARN the nation’s most trusted resource for job referrals and information. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans looking for jobs.
The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring promotions benefits, or 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 in response to disability. The ADA defines disability as a condition which significantly restricts one or more of the essential life activities, such as hearing, seeing breathing, walking, sitting, standing, and working. The ADA excludes certain conditions that are common among veterans, for example the tinnitus condition and post-traumatic stress disorder (PTSD).
Employers must offer accommodations to disabled veterans who need them to complete their job. This is true unless the accommodation creates unnecessary hardship for the contractor. This could include modifying equipment, providing training, transferring tasks to other jobs or facilities, and buying adaptive hardware or software. For example when an employee is blind or visually impaired employers must purchase adaptive software and hardware for computers electronic visual aids, talking calculators, and Braille devices. If a person is unable to exercise physical dexterity, a company must supply furniture with raised or lower surfaces, or purchase specially designed keyboards and mice.