10 Tips For Getting The Most Value From Veterans Disability Litigation
How a anderson veterans disability lawyer Disability Settlement Can Affect a Divorce Case
Jim's 58-year-old client is permanently disabled due to his time in the military. He gets a monthly pension from the Department of bellaire veterans disability attorney Affairs.
He would like to know if a jury verdict will impact his VA benefits. It will not. However, it will have an impact on his other sources of income.
Can I claim compensation in the event of an accident?
If you've served in the military and are permanently disabled because of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can help compensate you for medical bills, lost income and other costs that resulted from your injury or sickness. The kind of settlement you'll be able to get will depend on whether the condition is service-connected or not connected, which VA benefits you qualify for, and North caldwell Veterans disability Lawyer how much your injury or accident will cost to treat.
Jim, a 58 year veteran of Vietnam was diagnosed with permanent disabilities as a result of his two years of service. He does not have enough work space to be eligible for Social Security disability benefits but there is a VA Pension benefit that offers medical care and cash in accordance with financial need. He wants to determine if a personal accident settlement would affect his eligibility to get this benefit.
The answer is contingent upon whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are payments made over a time frame instead of in one payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payout is likely to alter any existing benefits as the VA considers it a tax-deductible income and will annually increase it. If Jim has surplus assets after the settlement has been annualized then he is eligible to receive the Pension benefit. However the assets must be under a limit that the VA has set to establish financial necessity.
Do I need to hire an Attorney?
Many spouses, military personnel and former spouses have questions about VA disability payments and their impact on financial issues during a divorce. Some people believe that the Department of elmhurst veterans disability Affairs' compensation payments can be split like a military pension in a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions could lead serious financial mistakes.
It is possible to submit an application for disability benefits yourself however, the majority of disabled orange veterans disability attorney would benefit from the assistance from a competent lawyer. A veteran's disability attorney will examine your medical records in order to gather the evidence needed to prove your case before the VA. The lawyer will also be able to file any appeals you may need to get the benefits you deserve.
Most VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from your amount of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will receive should be clearly outlined in your fee agreement. A fee agreement could say that, for instance, the government will provide the attorney with 20% of retroactive benefits. Any additional amount is your responsibility.
Can I Garnish My VA Benefits?
The VA pays monthly compensation to disabled santa paula veterans disability attorney. These payments are designed to help offset the consequences of illnesses, disabilities, or injuries sustained during or aggravated during a veteran's military service. Like all incomes, veterans disability benefits could be subject to garnishment.
Garnishment lets a court order that an employer or government agency withhold funds from the paycheck of an individual who owes a debt and send it directly to a creditor. In the event of a divorce, garnishment may be used to pay spousal maintenance or child support.
There are certain situations where the benefits of a veteran can be garnished. The most common scenario involves the veteran who has waived their military retirement to receive disability compensation. In these situations the portion of the pension that is allocated to disability pay may be garnished for family support obligations.
In other cases veterans' benefits could be withdrawn to cover medical expenses or past-due federal student loans. In these cases the court could go directly to the VA to obtain the information they need. The disabled veteran should consult an experienced attorney to safeguard their disability benefits. This can prevent them from relying on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be an enormous assistance to veterans and their families, however they come with their own set of challenges. For example when a veteran is divorced and is awarded an VA disability settlement, they should be aware of what effect this will have on their benefits.
In this regard, the main question is whether or not disability payments are considered to be assets that can be divided in divorce. This issue has been addressed in a variety of ways. A Colorado court of appeals decision declared that VA disability payments were not property and therefore could not be divided this way. Another method is an U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability payments to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern related to this topic is the treatment of disability benefits to children for support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. Some states have a different approach. Colorado is one example. It adds all income sources together to determine the amount required to support a spouse. It then adds disability income to reflect their tax-free status.
It is also important that veterans understand how their disability compensation will be affected if they get divorced and how their spouses' ex-spouses could garnish their compensation. By being knowledgeable about these issues, Scottsville veterans disability Attorney can safeguard their compensation and avoid unwanted consequences.
