• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

veterans disability attorney Disability Law

Veterans disability law covers a wide variety of issues. We will do our best to ensure you receive the benefits you deserve.

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

USERRA stipulates that employers must offer reasonable accommodations to employees with disabilities incurred during military service or made worse by military service. Title I of the ADA prohibits disability discrimination in hiring, promotions, and pay as well as in training, and other terms, conditions of employment, and rights.

Appeal

Many veterans are denied benefits or have an unsatisfactory disability rating when they should receive a higher rating. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with a myriad of rules and procedures to follow, and laws are constantly changing. An experienced lawyer can guide you through the process, help you identify what evidence should be submitted with your appeal, and build a strong case for your case.

The VA appeals procedure begins with a Notice to Disagreement. It is important to be clear in your NOD about why you disagree with the unfavorable decision. You don't have to list all the reasons you disagree with the decision, only the ones that are relevant.

The NOD must be submitted within one year of the date of the unfavorable decision that you are appealing. You may be granted an extension if you require additional time to prepare your NOD.

Once the NOD is filed after which you will be assigned a date and time for your hearing. It is essential that your attorney present at the hearing along with you. The judge will go over your evidence and make a final determination. A good attorney will make sure that all evidence is presented at your hearing. Included in this are medical records, service medical records, private health records and C&P tests.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and was triggered or worsened by their military service could be qualified for disability benefits. These veterans may receive an amount of money per month according to the degree of their disability.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans to file a claim, obtain necessary medical records and other documents, complete required forms and track the progress of the VA on their behalf.

We also can assist with appeals for any VA decision. This includes denials of VA benefits, disagreements on the percentage evaluation or disputes over the date at which a rating is effective. Our firm will make sure that the first Statement of the Case is correctly prepared and that any additional SOCs that contain all the required information are filed if the case is referred to an appeals court.

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job skills to prepare veterans for employment in the civilian sector or to adapt to an entirely new career if their disabilities hinder their ability to find a job 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 with disabilities, which includes those who may have been caused by or aggravated due to military service. The ADA also requires employers to offer reasonable accommodations for veterans with disabilities to perform their duties. This includes adjustments to job duties and modifications to work environments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled Veterans Disability Lawyers who are interested in a job. This is a national job placement and business training program that assists disabled veterans disability lawyer find employment and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select from five different paths to a job. This includes reemployment with the same employer, rapid access to employment; self-employment and employment through long-term services.

Employers may ask applicants to provide any accommodations in the hiring process, including longer time to complete a test or permission to provide oral rather than written answers. The ADA does not permit employers to inquire about a disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for their entire staff to increase awareness and understanding of issues faced by veterans. Additionally they can reach out to the Job Accommodation Network, a free service for consultation that provides individual workplace accommodations and technical assistance on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their military experience have difficult to find employment. To help these veterans get a job, the Department of Labor supports a national job resourcing and information resource called 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 job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. The ADA also limits the information that employers can request about a person's medical history and prevents harassment and revenge in response to disability. The ADA defines disability as a condition which significantly restricts one or more major life activities including hearing, seeing breathing, walking, sitting, standing and working. The ADA excludes some conditions that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to perform work, an employer must provide it unless it creates a hardship on the contractor's business. This includes modifying equipment, offering training, reassigning tasks to other jobs or facilities, 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, speaking calculators, Braille devices and Braille displays. Employers must provide furniture with elevated or lower surfaces or purchase keyboards and mice that have been made for those with physical limitations.