Veterans Disability Litigation 10 Things I Wish I d Known Sooner
How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's client, a 58 year old man, is permanently disabled as a result of his military service. He receives a monthly Pension benefit from the Department of Veterans Affairs.
He wants to know if a jury award will impact his VA benefits. The answer is that it will not. However, it will have an impact on the other sources of income he has.
Do I have the right to receive compensation in the event of an accident?
If you've been in the military but are now permanently disabled as a result of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will allow you to get compensation for medical expenses, lost wages, and other expenses that result from your injury or illness. The type of settlement you'll get depends on whether or not your condition is service-connected or not connected, what VA benefits you are eligible for, and Veterans Disability Litigation how much your injury or accident will cost to treat.
Jim is a 58 year veteran of Vietnam was diagnosed with permanent disabilities as a result of his two years of service. He hasn't got enough work space to qualify for Social Security disability benefits but he does have a VA Pension benefit which provides medical care and cash that is based on financial need. He wants to learn how a personal injuries settlement will affect his eligibility to be eligible for this benefit.
The answer is dependent on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are based on payments over time, rather than one payment. The amount paid by defendant is calculated to offset the existing VA benefits. In contrast, a lump sum payment will likely affect existing benefits since the VA considers it as income and will increase it. In any event, if extra assets remain after the twelve-month period when the settlement is annualized Jim could apply again for the Pension benefit, but only if his assets fall below a certain threshold that the VA accepts as establishing financial need.
Do I need to hire an attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on money issues in divorce cases. Some people believe, for Veterans Disability Litigation instance, that the Department of veterans disability law Affairs compensation payments can be split like a military retirement in a divorce case or that they're "off limits" in calculating child support and alimony. These misconceptions could lead to financial mistakes that can have grave consequences.
It is possible to file an application for disability benefits on your own However, most disabled veterans disability claim would require the help from a competent lawyer. An experienced veteran's disability lawyer can review your medical records and gather all the necessary evidence to present a strong case at 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 don't charge fees for consultations. Additionally the lawyer will usually be paid by the government directly out of your retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The fee agreement should specify clearly the percentage of retroactive benefits that will be paid to your lawyer. A fee agreement could state, for example, that the government would pay the attorney 20 percent of retroactive benefits. Any additional amounts are your obligation.
Can I Garnish My VA Benefits?
The VA offers monthly payments to disabled veterans. The purpose of the payments is to alleviate some of the effects of disability, illness or injuries incurred during or aggravated by a veteran's military service. Like all income, the veterans disability benefits could be subject to garnishment.
Garnishment is a court-ordered procedure that an employer or government agency withhold money from the wages of a person who owes an amount and then pay it directly to the creditor. In the event of a divorce garnishment can be used to pay child or spousal support.
However, there are a few situations where disability benefits could be repaid. The most common situation involves the veteran who has waived their military retirement in order to claim disability compensation. In these scenarios the part of pension that is devoted to disability pay can also be garnished in order to meet family support obligations.
In other circumstances the benefits of a veteran can be seized to pay medical expenses or past due federal student loans. In these instances the court may be able to go straight to the VA to obtain the necessary information. A disabled veteran should employ an experienced attorney to safeguard their disability benefits. This will stop them from having to rely on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a huge help for veterans disability litigation (you could try these out) and their families, however they're not without their own set of challenges. For instance when a veteran is divorced and receives an VA disability settlement, they need to know what effect this will have on the benefits they receive.
In this context the most important question is whether or not disability payments are considered to be assets which can be divided in divorce. This question has been answered in two ways. One option is an Colorado court of appeals decision that found that VA disability payments are not property and therefore cannot be divided in that way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments to pay an alimony payment was a violation of USFSPA.
Another concern with this issue is the handling of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. However, some states have chosen to take an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds disability payments to take into the fact that they are tax-free.
It is also vital that veterans understand how divorce can affect their disability benefits and how their spouses who divorced can slash their income. By knowing about these issues, veterans disability lawyers can ensure the security of their earnings and avoid any unintended consequences.
