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Veterans Disability Law

americus veterans disability lawyer disability law is a broad area. We are here to help you get the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We make sure that your application is well-prepared and follow your case through the process.

USERRA stipulates that employers must offer reasonable accommodations for 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 conditions, terms and privileges of employment.

Appeal

Many veterans are denied benefits or get a low disability rating when they should receive a higher rating. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be adhered to and the law is constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine the evidence you need to submit with your appeal and help you build a strong claim.

The VA appeals process begins with a Notification of Disagreement. It is essential to make clear in your NOD of the reasons you do not agree with the decision. You don’t have to list every reason why you disagree, but only those that are relevant.

The NOD can be filed within a year of the date of the unfavorable decision you’re appealing. If you need more time to prepare your NOD, an extension can be granted.

Once the NOD has been filed, you will receive a date for hearing. You should bring your attorney to the hearing. The judge will look over your evidence and make a decision. A competent lawyer will ensure that all of the necessary evidence is presented during your hearing. Included in this are any medical records, service medical records, private health records and C&P tests.

Disability Benefits

reading veterans disability lawyer who suffer from a physical or mental illness that is debilitating and was caused by or worsened by their military service, may be qualified for disability benefits. They can receive monthly monetary compensation dependent on their disability score which is a percentage that demonstrates the severity of their condition.

Our New York disability lawyers work to ensure veterans receive all benefits to which they’re entitled. We help veterans to file an application and get the necessary medical records and other documents to complete the necessary forms, and keep track of the progress of the VA.

We can also assist with appeals of VA decision, including denials of benefits, disagreements on the percentage evaluation, or disagreements over the effective date of an evaluation. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs with all the necessary information are filed when the case is brought to an appeals court.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to help them prepare for civilian employment or to be able to adjust to a different profession when their disabilities keep them from finding meaningful work. 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 (ADA) prohibits discrimination against veterans who have disabilities, which includes those who may have been caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to assist veterans with disabilities perform their duties. This could include changes in work duties or workplace changes.

Disabled veterans interested in employment may want to inquire with the Department of Labor’s Ticket to Work program. This is a nationwide employment and business training program that assists disabled veterans find employment and companies.

Veterans with disabilities who are separating from the military could follow one of five pathways for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same company, fast access to employment, self-employment and work through long-term services.

Employers can ask applicants whether they need any accommodations for the selection process. For example that they require more time to complete an exam or if it is okay to speak instead of writing their answers. However, the ADA does not permit employers to inquire about a person’s disability status unless it is evident.

Employers who are concerned about discrimination against disabled veterans might think about conducting training sessions for all of their employees to increase awareness and understanding of issues faced by veterans. They can also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service have difficult to find work. To assist these veterans to find work, the Department of Labor funds EARN the nation’s most trusted resource for information and referrals to jobs. Funded by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled veterans who are in search of jobs.

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

Employers are required to provide accommodations for disabled veterans who need them in order to perform their duties. This is the case unless the accommodation causes undue hardship to the contractor. This includes modifying equipment, offering training, delegating the duties to different jobs or facilities, as well as buying adaptive hardware or software. For instance when an employee is blind or visually impaired the employer has to purchase adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. If an employee has limited physical dexterity, an employer should provide furniture with raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.