Where Is Veterans Disability Litigation Be One Year From What Is Happening Now

How a veterans disability law Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled due to his military service. He gets a monthly pension from the Department of veterans disability litigation [click the following document] Affairs.

He wants to know how an award from a jury will affect his VA benefits. It won't. However, it will have an impact on the income sources of his other income sources.

Can I get compensation for an Accident?

You may be eligible for a settlement if you were a soldier but are now permanently disabled because of injuries or illnesses. This settlement can help you get compensation for medical bills, lost wages and other expenses related to your illness or injury. The type of settlement you are eligible for will depend on whether your injury or illness is service-connected, what VA benefits you are eligible to receive, and the amount to treat your accident or injury.

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 be eligible for Veterans Disability Litigation Social Security Disability benefits, however, he can claim a VA Pension that provides cash and medical care for free dependent on the amount of money he needs. He wants to be aware of whether a personal injury settlement would affect his eligibility to be eligible for this benefit.

The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements are those that are made over a time frame rather than as a single payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will likely affect existing benefits since the VA considers it income and will annualize it. If Jim has assets that are not used up after the settlement is annualized then he is eligible to be eligible for the pension benefit. However the assets must 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 payments and their effect on financial issues during divorce. Some people believe, among other things that Department of veterans disability attorneys Affairs compensation payments can be divided like a military retirement in divorce proceedings or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can lead to grave financial errors.

While it is possible to make an initial claim for disability benefits on your own, most disabled veterans disability lawyers get the assistance of a skilled attorney. A veteran's disability lawyer can look over your medical records and gather the evidence required to present a convincing case to the VA. The lawyer can also file any appeals that you might require to receive the benefits you are entitled to.

The majority of VA disability lawyers do not charge for consultations. In addition the lawyer will typically be paid by the government directly out of your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should specify clearly the amount of retroactive benefits that will be paid to your lawyer. For instance, a fee agreement can stipulate that the government will pay the lawyer up to 20% of the retroactive benefits or award. Any additional amounts are your responsibility.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA, it comes in the form of monthly payments. These payments are designed to offset the effects of injuries, diseases or disabilities that have been sustained or aggravated by a veteran's service. Like other income sources, veterans disability benefits are subject to garnishment.

Garnishment is a legal action that allows a court to require an employer or government agency to take money from the wages of a person who is in debt and to send them directly to the creditor. In the event of divorce, garnishment can be used to pay child or spousal maintenance.

There are a few situations in which a veteran's disability benefits could be garnished. Most common is the veteran who waived his military retirement in order to receive disability compensation. In these cases, the amount of pension apportioned to disability pay may be garnished for family support obligations.

In other situations, veteran's benefits could be garnished to pay medical bills or federal student loans that are over due. In these situations the court can go directly to the VA to obtain the information they require. The disabled veteran should consult an experienced lawyer to protect 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 can be a huge help to veterans disability lawyers and their families. However they do come with certain complications. If a person divorces and receives a VA settlement and is eligible, they should be aware of the impact this could have to their benefits.

One of the major issues in this regard is whether or not the disability payments count as divisible assets in a divorce. The question has been answered in two ways. One option is a Colorado court of appeals ruling that concluded 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 for the purpose of alimony was in violation of USFSPA.

Another issue that is related to this issue is the handling of disability benefits for child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from utilizing disability benefits as income. However, some states have chosen to take a different approach. Colorado is one example. It adds all sources of income together to determine the amount required to support a spouse and then adds disability income in order to take into account their tax-free status.

It is also important that veterans disability lawyer are aware of how divorce affects their disability benefits and how ex-spouses could slash their benefits. By being informed about these issues, vets can protect their compensation and avoid any unintended consequences.