Veterans Disability Litigation 10 Things I d Like To Have Learned Earlier

How a elmhurst veterans disability lawyer Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled because of his military service. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He would like to know how an award from a jury will affect his VA benefits. It will not. However, it will affect his other sources of income.

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

If you've been 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 can assist in compensating you for medical expenses, lost income and westland Veterans disability attorney other expenses resulting from your illness or injury. The kind of settlement you could receive will depend on whether your injury or illness is a result of a service connection, Westland Veterans Disability Attorney the VA benefits you qualify for, as well as the cost to treat your injury or accident.

Jim is a 58 year old Vietnam veteran was diagnosed with permanent disabilities due to his two years of service. He hasn't got enough work space to be eligible for Social Security disability benefits but the VA Pension benefit which provides cash and free medical care dependent on financial need. He wants to know if a personal injury settlement would affect his ability receive this benefit.

The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are based on installments over time, rather than one lump sum payment. The amount paid by defendant is calculated to offset the existing VA benefits. However, a lump sum payout is likely to alter any existing benefits as the VA considers it as income and will increase it. 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 less than a certain threshold that the VA has determined to be a financial necessity.

Do I require an attorney?

Many spouses, military personnel, and former spouses have concerns about VA disability payments and their impact on money issues in divorce. Some people think, for instance, that the Department of Westland veterans disability attorney Affairs compensation payments are split like an army retirement in divorce cases or that they're "off limits" when calculating child support and Alimony. These misconceptions can lead to serious financial mistakes.

While it is possible to submit an initial claim for disability benefits on your own, many disabled manassas park veterans disability lawsuit get the assistance of an experienced attorney. An experienced veteran's disability lawyer will review your medical records and gather the necessary evidence needed to build a strong case at the VA. The lawyer can also file any appeals that you might need to receive the benefits you are entitled to.

Most VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from your benefit of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should specify clearly the amount of retroactive benefits to be paid to your lawyer. For instance your fee agreement may stipulate that the government will pay the lawyer up to 20% of the retroactive benefits or provide. Any additional amounts are your obligation.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA the compensation is paid in the form of monthly payments. The funds are meant to alleviate the effects of injuries, illnesses or disabilities that have been sustained or aggravated during the course of a veteran's service. The benefits for veterans with disabilities are subject to garnishment just like other incomes.

Garnishment is a legal process that allows a court to require an employer or government agency to deduct funds from the wages of a person who is in debt and to send them directly to an individual creditor. In the case of divorce, garnishment can be used to pay for spousal support or child support.

There are situations where the benefits of a veteran can be encashable. The most common situation involves a veteran who waived their military retirement to get disability compensation. In these instances the portion of the pension apportioned to disability pay could be garnished to meet family support obligations.

In other instances martinsburg veterans disability attorney' benefits could be seized to pay medical expenses or past-due federal student loans. In these cases the court can go directly to the VA to obtain the information they require. The disabled veteran should consult an experienced attorney to safeguard their disability benefits. This will stop them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent help to youngstown veterans disability as well as their families. However they also come with their own set complications. For example when a veteran is divorced and receives an VA disability settlement, they should know what effect this will have on the benefits they receive.

One of the major issues in this context is whether or not the disability payments are considered divisible assets in a divorce. This question has been addressed in two ways. One way is by an Colorado court of appeals ruling that concluded that VA disability payments are not property, and therefore cannot be divided in this 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 that is related to this issue is how disability benefits are interpreted for purposes of child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from claiming disability benefits as income. However, certain states have adopted different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds the disability payments to take account that they are tax free.

It is also crucial to know the impact divorce has on their disability compensation and how their spouses who divorced could take advantage of their compensation. By being informed about these issues, vets can safeguard their benefits as well as avoid the unintended consequences.