What s The Job Market For Veterans Disability Litigation Professionals

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 would like to know how a jury award will impact his VA benefits. It will not. But it will have some impact on the other sources of income he has.

Can I Receive Compensation for an Accident?

You may be eligible for a settlement if were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement can help you get compensation for medical bills, lost wages, and other costs resulting from your illness or injury. The type of settlement you will receive will depend on whether or not your illness or injury is a result of a service connection, the VA benefits you qualify for, and the cost to treat your injury or accident.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service during the Vietnam War. He doesn't have enough work space to qualify for Social Security Disability benefits, however, he can claim an VA Pension that offers cash and medical care for free depending on the financial needs of his. He would like to know if a personal injury settlement would affect his eligibility to get this benefit.

The answer depends on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements involve payments over a period of time instead of one payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum payout is likely to impact any benefits already in place because the VA considers it as income and will increase it. If Jim has extra assets after the settlement is annually adjusted the applicant can apply again to receive the Pension benefit. However his assets must be less than a certain threshold that the VA has set that establishes financial necessity.

Do I require an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its effect on the financial aspects of divorce cases. Some people believe that the Department of Veterans Affairs' compensation payments can be divided like a military pension a divorce or that they are "off limits" when it comes to calculation of child support and alimony. These misconceptions could lead to serious financial errors.

While it is possible to submit an initial claim for disability benefits on your own, many disabled veterans can benefit from the help of a qualified attorney. A disability attorney for butler veterans disability lawsuit can look over your medical records and gather the evidence needed to argue your case before the VA. The lawyer can also file any appeals you may require to get the benefits you are entitled to.

Most VA disability lawyers do not charge for consultations. Additionally, west new york veterans disability the lawyer will generally be paid by the government directly out of your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will receive should be clearly outlined in your fee agreement. A fee agreement could state, for example, that the government would pay the attorney up 20 percent of retroactive benefits. Any additional amounts are your obligation.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The funds are intended to help offset the effects of diseases, disabilities, or injuries sustained during or aggravated by a veteran's military service. Like all incomes, lynden veterans Disability disability benefits can be subject to garnishment.

Garnishment allows a court order that an employer or government agency deduct funds from the paycheck of a person who has an amount and then pay it directly to a creditor. In the event of divorce, garnishment can be used to pay child or spousal support.

There are a few situations in which a veteran's disability benefits could be refunded. The most common situation involves those who have renounced their military retirement to receive disability compensation. In these cases the amount of pension allocated to disability payments can be garnished for family support obligations.

In other circumstances, a veteran's benefits can be withdrawn to cover medical expenses or past due federal student loans. In these instances the court could go directly to the VA for the information they need. It is important for disabled veterans to find a competent lawyer to ensure that their disability benefits are not removed. This can stop them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent aid to elizabethtown veterans disability lawsuit and their families. However, they come with certain complications. If a person divorces and receives an VA settlement, he or she should be aware of the implications to their benefits.

One of the major issues in this regard is whether or not the disability benefits are considered divisible assets in a divorce. This question has been resolved in a couple of ways. A Colorado court of appeals decision found that VA disability payments were not property and therefore could not be divided in this way. The other way is by the U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern relating to this issue is the treatment of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. However, certain states have taken a different approach. Colorado, for example, adds all income sources together to determine the amount required to support a spouse and then adds disability income in order to account for their tax-free status.

It is also crucial that veterans understand how divorce affects their disability compensation and how ex-spouses can slash their income. By being informed about these issues, belton veterans disability can safeguard their benefits and avoid the unintended consequences.