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Plainfield Veterans Disability Law Firm Disability Law

Veterans disability law is a broad area. We work to 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 make sure that your application is completed and tracked your case through the process.

USERRA obliges employers to 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 the hiring process, promotions and pay and also in training, and other terms, conditions of employment and privileges.

Appeal

Many veterans are denied benefits or get a low disability rating when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and regulations to follow, and laws are constantly changing. A skilled lawyer will guide you through the appeals procedure, determine what evidence you must submit in your appeal, and help you create a compelling argument.

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

The NOD must be submitted within one year of the date of the adverse decision you're appealing. If you need more time to prepare your NOD, an extension may be granted.

Once the NOD has been filed after which you will be given a date for your hearing. It is recommended that you bring your attorney to the hearing. The judge will examine your evidence and make a final decision. A competent attorney will make sure that all the proper evidence is presented at your hearing. Included in this are any service medical records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a debilitating physical or mental condition that was caused or worsened through their military service could qualify for disability benefits. These veterans can receive monthly monetary compensation depending on their disability rating which is a percentage which indicates the severity of their condition.

Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We help tipton veterans disability attorney file an application, obtain the required medical records and other documents, fill out required forms and track the VA's progress on their behalf.

We also can assist in appeals of any VA decisions, such as denials of benefits, disagreements over the percentage evaluation or disagreements about the date of effective of the rating. Our firm will make sure that the initial Statement of the Case is properly prepared and any additional SOCs with all the necessary details are filed in the event that a case is taken 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 training, education and job-related skills that prepare veterans for civilian employment or to adapt to changing careers when their disabilities preclude their ability to find meaningful work. Veterans with disabilities may also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to complete their job. This includes changes in job duties or workplace modifications.

Veterans with disabilities who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a national program for job placement and training that helps connect disabled veterans to jobs and businesses.

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

Employers can inquire about applicants' disabilities and whether they require any accommodations in the selection process. For example the need for more time to finish an exam or if it's okay to speak instead of write their answers. The ADA does not allow employers to inquire about the existence of a disability, unless it is obvious.

Employers that are concerned about discrimination against disabled veterans ought to consider conducting training sessions for all employees to raise awareness and improve understanding of veteran issues. They should also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many college place veterans disability law firm with disabilities related to their military experience have difficult to find work. To assist them with their job search, the Department of Labor supports a national job referral and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. The ADA also limits the information employers may inquire about a person's medical history and prevents harassment or discrimination based on disability. The ADA defines disability as conditions that severely limit one or more major aspects of daily living, such as hearing and breathing, walking, and seeing. Sitting, standing at a desk, working, studying, etc. The ADA excludes certain conditions that are common for veterans, like the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to perform a job, an employer must provide it, unless it causes undue hardship on the contractor's business. This can include changing equipment, providing training, transferring duties to other locations or positions, and purchasing adaptive software or hardware. For instance the case of an employee who is visually impaired or blind, an employer must acquire adaptive software and hardware for computers as well as electronic visual aids, Braille calculators and talking devices. Employers must provide furniture with raised or lower surfaces, or purchase keyboards and mice that have been specifically designed for people with limited physical dexterity.