cambridge veterans disability law firm Disability Law

The law governing veterans disability is a vast area. We will assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be a veteran-friendly one. We make sure your application is thoroughly prepared and track your case through the process.

USERRA requires employers to provide reasonable accommodations to employees who have disabilities that are a result of military service, or aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in promotions, hiring, and pay and training, as well as other employment terms, conditions, and rights.

Appeal

Many veterans are denied benefits or have an inadequate disability rating, when it should be higher. A qualified veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures that must be adhered to and the law is ever-changing. A skilled lawyer can help you navigate the process, assist you to identify what evidence should be included in your appeal, and build a strong case for your case.

The VA appeals process begins with a Notice of Disagreement. It is important to make clear in your NOD as to why you do not agree with the decision. You don't need to list every reason you don't agree with the decision, just those that are relevant.

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

After the NOD has been filed and you have been assigned a date for your hearing. Your attorney should be present to the hearing. The judge will go through all evidence presented before making a decision. A competent lawyer will make sure that all the required evidence is presented during your hearing. Included in this are service records, private health records and C&P tests.

Disability Benefits

stallings veterans disability law firm suffering from a physical or mental illness that is limiting and was caused by or aggravated by their military service, could be eligible for disability benefits. Veterans may receive an amount of money per month based on the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans in filing a claim and obtain the necessary medical records as well as other documentation to complete the necessary forms, and monitor the VA’s progress.

We also can assist with appeals of any VA decision. This includes denials of VA benefits, disagreements over a percentage evaluation or a dispute over the date at which a rating is effective. If a case is scheduled for an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared and that any additional SOCs are filed with all the required information needed to support each argument in a claim.

Our lawyers can help veterans with disabilities resulting from their military service when applying for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to prepare them for civilian work or learn to adapt to a new job 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 prohibits discrimination against veterans with disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to do their job. This includes adjustments in job duties or modifications to work environments.

Veterans with disabilities who are looking for work may want to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide training and job placement program that helps connect disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select from five different routes to gain employment. This includes reemployment with the 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 special accommodations to participate in the hiring process, for example, more time to take tests or permission to give verbal instead of written answers. The ADA does not permit employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans might consider holding training sessions for their entire staff in order to increase awareness and understanding of the issues facing veterans. They should also contact Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service experience difficult to find employment. To help these veterans to find work, the Department of Labor supports a national job search and information resource known as EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability when it comes to hiring promotions, benefits, or other terms and conditions of employment. The ADA also restricts the information employers are able to ask about a person's health history and prevents harassment or retaliation due to disability. The ADA defines disability in terms of a condition that significantly limits one or more of the major activities of daily living, like hearing and seeing, walking, breathing. Standing, sitting at a desk, working, studying and so on. The ADA excludes certain ailments that are common among brush Veterans disability Lawsuit, for example hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires accommodations to complete work, an employer must provide it, unless it would impose undue hardship on the contractor's business. This includes altering the equipment, providing training, and transferring responsibility to other positions or places, as well as acquiring adaptive hardware or software. For example in the event that an employee is visually impaired or blind the employer has to purchase adaptive software and hardware for computers, electronic visual aids and talking calculators, and Braille devices. If an individual has limited physical strength, the employer must supply furniture with raised or lower surfaces or purchase mouses and keyboards that are adapted to the user.