15 Trends To Watch In The New Year Veterans Disability Litigation

How a veterans disability attorneys disability lawyers (visit here) Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled because of his time in the military. He receives a monthly pension benefit from the Department of Veterans Affairs.

He would like to be aware of whether a verdict by a jury will impact his VA benefits. The answer is not. However, it will affect the other sources of income he earns.

Do I have the right to receive compensation for an accident?

You could be eligible for a settlement if served in the military but are now permanently disabled because of injuries or illnesses. This settlement will pay you for medical bills, lost income, and other expenses that resulted from your injury or sickness. The type of settlement you'll receive will depend on whether your medical condition is service-connected, or not connected, which VA benefits you are eligible for, and what your accident or injury will cost to treat.

Jim is a 58 year veteran of Vietnam, was diagnosed as having permanent disabilities due to his two years of service. He isn't in a position to have enough space for work to qualify for Social Security Disability benefits, however, he can claim a VA Pension that provides free medical care and cash based on his financial need. He would like to find out if a personal injury settlement would affect his ability get this benefit.

The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements are the ones that are paid over a time period rather than in a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum settlement will affect any existing VA benefits since the VA will annually assess and count it as income. If Jim has surplus assets after the settlement has been annualized and he wants to reapply, he will be eligible for the pension benefit. However, his assets must be below a minimum threshold that the VA has set that establishes financial necessity.

Do I really need to hire an Attorney?

Many spouses, members of the military, and former spouses have questions about VA disability benefits and their impact on money issues during divorce. Some people believe, among other things, that Department of Veterans Affairs compensation payments can be split as a military retirement in divorce proceedings or that they're "off limits" in calculating child support and alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

While it is possible to do an initial claim for disability benefits by yourself, the majority of disabled veterans disability lawsuit get the assistance of a professional attorney. A veteran's disability attorney can examine your medical records to gather the evidence needed to prove your case to the VA. The lawyer will also be able to file any appeals you may require to obtain the benefits you deserve.

The majority of VA disability lawyers do not charge for consultations. In addition that the lawyer will normally be paid by the government directly from your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly specify the percentage of retroactive benefits to be paid to your lawyer. For instance an agreement on fees could stipulate that the government will pay the lawyer up to 20% of retroactive benefits or pay. Any additional amounts will be your obligation.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The purpose of the payments is to alleviate some of the effects of disabilities, diseases or injuries sustained or aggravated during a veteran's military service. The benefits for veterans disability case with disabilities are subject to garnishment, just like other incomes.

Garnishment is a legal action which allows a court order an employer or government agency to take money from the pay of an employee who owes money, and then send them directly to a creditor. In the event of divorce, garnishment could be used to pay spousal support or child support.

There are a few situations in which the benefits of a veteran could be repaid. Most common is the veteran who waived his retirement from the military in order to receive disability compensation. In these cases the amount of pension that is devoted to disability payments can be garnished to pay for family support obligations.

In other circumstances, a veteran's benefits can be seized to pay medical expenses or past-due federal student loans. In these instances the court could go directly to the VA to obtain the information they need. It is vital for a disabled veteran to work with a reputable lawyer to ensure that their disability benefits aren't being snatched away. This will prevent them from having to depend on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major Veterans Disability Lawyers help for veterans and their families, but they come with their own set of issues. If a veteran gets divorced and receives an VA settlement then they must know what this will do to the benefits they receive.

A major issue in this regard is whether or not the disability payments count as divisible assets in a divorce. This question has been addressed in two ways. A Colorado court of appeals ruling determined that VA disability payments were not property and therefore could not be divided this manner. Another method is a U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability payments to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern that is related to this issue is how disability benefits are treated to determine child support and maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from counting disability benefits as income. However, some states have taken different approaches. Colorado, for example, adds all income sources together to determine the amount required to provide for veterans disability lawyers a spouse. Colorado then adds disability payments in order to account for their tax-free status.

In the end, it is crucial for veterans to know how their disability benefits will be affected if they get divorced and how their spouses' ex-spouses could affect their compensation. If they are aware of these issues, veterans disability claim can protect their earnings and avoid any unintended consequences.