faribault veterans disability attorney Disability Law
Veterans disability law covers a range of issues. We 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 will ensure that your claim is properly prepared and track the progress of your case.
USERRA requires employers to provide reasonable accommodations for 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, terms and benefits of employment.
Appeals
Many veterans are denied disability benefits or are given a low rating, which isn’t adequate. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for madera veterans disability law firm Claims. The process is very complex with specific rules and procedures to be adhered to, and the law changes constantly. An experienced lawyer will guide you through the appeals procedure, determine what evidence you should submit for your appeal, and assist you build a strong claim.
The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, you are important to explain the reasons you don’t agree with the decision. You don’t have to include all the reasons you disagree with the decision, only those that are relevant.
You can file your NoD within one year of when you appealed an unfavorable decision. If you require more time to prepare your NOD, an extension may be granted.
Once the NOD has been submitted, you will be provided with a date for hearing. You must bring your attorney to this hearing. The judge will examine your evidence and make a final decision. A competent lawyer will ensure that all the required evidence is provided during your hearing. This includes any service records, private medical records as well as any C&P exams.
Disability Benefits
Veterans suffering from a mental or physical illness that is debilitating and was caused by or worsened by their military service could be eligible for disability benefits. These veterans may receive monthly monetary payments dependent on the severity of their disability.
Our New York disability lawyers work to ensure veterans receive all benefits to which they’re entitled. We help veterans file an application, obtain the required medical records and other documents, complete required forms and track the VA’s progress on their behalf.
We can also assist with appeals of any VA decisions, such as denials of benefits, disagreements regarding the percentage evaluation or disagreements about the date of effective of rating. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs with all the necessary information are filed when a case is taken to an appeals court.
Our lawyers can help veterans with disabilities related to their service to apply for vocational rehabilitation services. This program provides training, education and job-related skills to veterans to help them prepare for civilian work or be able to adjust to a different profession in the event that their disabilities hinder 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.
Accommodations for Employers
The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans perform their duties. This could include changes in job duties or workplace modifications.
Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in employment. This is a nationwide program for job placement and business education program that helps disabled veterans find jobs and businesses.
Veterans with disabilities who are separated from the military can choose one of five paths for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; rapid access to employment; self-employment; and work through long-term service.
An employer may ask applicants for any modifications to participate in the hiring process, including extra time to take an exam or the ability to provide oral rather than written answers. However, the ADA does not allow an employer to ask about a person’s disability in the absence of evidence.
Employers that are concerned about possible discriminatory practices against disabled veterans should consider organizing training sessions for all employees to increase awareness and enhance understanding of veteran issues. In addition they can reach out to 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 related to service struggle to obtain employment. To help these veterans, the Department of Labor funds EARN which is a national source for information and job vacancies. It is funded by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled veterans looking for jobs.
The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and other benefits. It also restricts the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability as an illness that severely limits one or more major activities of daily living, including hearing and walking, breathing, seeing. Sitting, standing at a desk, working, studying and so on. The ADA excludes certain conditions that are common among margate veterans disability law firm, including hearing loss or post-traumatic stress disorder (PTSD).
If a disabled veteran requires an accommodation to do a job, an employer must accommodate it unless it creates a hardship on the contractor’s business. This can include altering the equipment, offering training, and transferring responsibility to different locations or positions and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must offer furniture with higher or lower surfaces or purchase keyboards and mouse that are made for those with limited physical dexterity.
