5 Laws Anybody Working In Veterans Disability Litigation Should Be Aware Of

How a veterans disability claim disability lawyer - click the next web site - Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled due to his military service. 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 affect his VA benefits. It won't. However, it will affect the income sources of his other income sources.

Can I Get Compensation for an accident?

If you've served in the military and are permanently disabled as a result of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will pay you for medical expenses, lost income and other expenses that resulted from your injury or sickness. The kind of settlement you'll be able to get depends on whether or not your condition is service-connected or non-service connected, what VA benefits you qualify for, and the amount your accident or injury will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He doesn't have enough work space to qualify for Social Security Disability benefits, however, he does have a VA Pension that provides cash and medical care for free based on his financial need. He wants to determine if a personal accident settlement could affect his ability to get this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements require the payment of over time instead of a single payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum payment can impact any existing VA benefits as the VA will annualize and consider it income. If Jim has extra assets after the settlement is annualized the applicant can apply again to be eligible for the pension benefit. However the assets he has to be below a threshold the VA has agreed establishes financial necessity.

Do I need to hire an Attorney?

Many spouses, service members and former spouses are concerned about VA disability benefits and their effect on financial issues during a divorce. Some people believe, among other things that Department of Veterans Affairs compensation payments are split like the military retirement in divorce cases, or that they're "off limits" in calculating child support and Alimony. These misconceptions may lead to serious financial mistakes.

It is possible to file an application for disability benefits by yourself, but most disabled veterans would require the help of a qualified lawyer. A skilled veteran's disability lawyer will review your medical documents and gather the required evidence to present a strong argument to the VA. The lawyer can also help to file any appeals that you need to get the benefits you deserve.

Additionally, the majority of VA disability lawyers do not charge fees for consultations. In addition, the lawyer will generally be paid by the government directly from the retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will be paid should be clearly outlined in your fee agreement. For instance, a fee agreement can specify that the government will pay the attorney up to 20% of the retroactive benefits or provide. The attorney is responsible for any additional sums.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA, veterans disability lawyer it comes in the form of monthly payments. These payments are designed to help offset the effects of diseases, disabilities or injuries that are sustained or aggravated during a veteran's military service. Like all income, the veterans disability benefits could be subject to garnishment.

Garnishment is a legal action that permits a court to make an order to an employer or government agency to deduct funds from the pay of an employee who owes money and send them directly to the creditor. In the case of divorce, garnishment can be used to pay spousal support or child support.

There are some situations where veterans disability lawyers' benefits could be garnished. The most frequent scenario involves a veteran who waived their military retirement in order to claim disability compensation. In these cases the amount of pension that is allocated to disability payments can be garnished in order to cover the obligations of family support.

In other situations, veteran's benefits could be seized to cover medical expenses or federal student loans that are past due. In these cases, a court can go directly to the VA for the information they require. A disabled veteran should seek out an experienced attorney to safeguard their disability benefits. This will prevent them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans as well as their families. However they also come with their own set complications. If a veteran gets divorced and receives a VA settlement it is important to be aware of what this might do to their benefits.

A major issue in this regard is whether or not the disability payments count as divisible assets in divorce. The issue has been resolved in a couple of ways. One option is an Colorado court of appeals ruling that concluded that VA disability payments are not property and therefore cannot be divided in that way. The other way is by the U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability payments to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this topic is how the disability benefits are treated for purposes of child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. However, certain states have chosen to take different approaches. Colorado, for example, takes all income sources together to determine the amount needed to provide for a spouse. Colorado then adds disability benefits to account for their tax-free status.

It is also crucial that veterans know how divorce will affect their disability compensation and how their ex spouses can slash their income. By being knowledgeable about these issues, veterans disability law can protect their income and avoid unwanted consequences.