Laurel Veterans Disability Law Firm Disability Law

The law governing veterans disability is a broad field. We are here to help you get the benefits to which you are entitled.

Congress designed the VA claim process to be more accommodating for veterans. We will ensure that your claim is well-prepared and you can track the progress of your case.

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

Appeals

Many veterans are denied benefits, or receive low disability ratings when it should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures to be adhered to and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals procedure, determine the evidence you need to submit for your appeal, and assist you prepare a convincing argument.

The VA appeals process begins with a Notice of Disagreement (NOD). It is essential to state clearly in your NOD on the reason you disagree with the unfavorable decision. You don't have to include all the reasons why you are not happy with the decision, just those that are relevant.

The NOD must be filed within a year of the date of the unfavorable decision that you are appealing. You could be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been filed after which you will be assigned a date and time for your hearing. It is essential that your attorney be present together with you. The judge will look over your evidence and make a decision. A good attorney will make sure that all of the required evidence is presented during your hearing. This includes any service records, private medical records and C&P exams.

Disability Benefits

creston veterans disability law firm suffering from a physical or mental illness that is debilitating and was caused or worsened by their military service, could be eligible for disability benefits. These veterans could receive a monthly monetary payment depending on the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We assist veterans to file claims, obtain required medical records and other documents, fill out necessary forms and keep track of the progress of the VA on their behalf.

We can also help with appeals of any VA decision. This includes denials of VA benefits, disagreements on the percentage evaluation or a dispute over the date at which a rating is effective. If a case will be subject to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that additional SOCs are submitted with all the necessary information to back every argument in the claim.

Our lawyers can assist veterans with disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program provides education, training and job-related skills for veterans to prepare them for civilian work or adjust to a new career when their disabilities prevent them from finding work 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.

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 that employers provide reasonable accommodations for disabled veterans to do their duties. This includes modifications in job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a nation-wide job placement and training program that assists disabled veterans to jobs and businesses.

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

An employer may ask applicants if they require any accommodations in the hiring process, such as more time to sit for a test or permission to give oral 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 think about conducting training sessions for all of their 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 ocean city veterans disability lawsuit suffering from disabilities related to their service experience difficult finding employment. To help these veterans in obtaining employment, the Department of Labor funds EARN the nation's most trusted resource for job referrals and information. The program is supported by the Office of Disability Employment Policy which provides a free telephone service and electronic information system that connects employers with disabled veterans seeking jobs.

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

If a disabled veteran needs accommodations to complete a job, an employer must accommodate it unless it causes undue hardship on the contractor's business. This includes modifying the equipment, providing training and transferring responsibilities to different locations or positions in addition to acquiring adaptive hardware or software. For example when an employee is visually impaired or blind employers must purchase adaptive software and equipment for computers electronic visual aids, Braille and talking calculators devices. If a person is unable to exercise physical dexterity, an employer must supply furniture with lowered or raised surfaces, or purchase adapted mouses and keyboards.