Why No One Cares About Veterans Disability Litigation

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 verdict will impact his VA benefits. It won't. However, it will have an impact on his other sources of income.

Can I receive compensation in the event of an accident?

You may be eligible for a settlement if were in the military but are now permanently disabled because of injuries or illnesses. This settlement could help you receive compensation for your medical bills, lost wages and other costs resulting from your illness or injury. The kind of settlement you can receive will depend on whether your injury or illness is a result of a service connection, the VA benefits you qualify for, as well as the cost to treat your injury or accident.

Jim, a 58 year veteran of the Vietnam war, was diagnosed as having permanent disabilities as a result of his two years of service. Jim does not have enough work space to be eligible for Social Security Disability benefits, however, he can claim an VA Pension that offers cash and medical treatment for free dependent on the amount of money he needs. He would like to know what the implications of a personal injury settlement will affect his eligibility to be eligible for this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements are those that are made over a long period of time instead of in one payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum settlement will probably impact any benefits already in place because the VA considers it a tax-deductible income and will annually increase it. In any event, if extra assets are left after the period of twelve months when the settlement is annualized Jim could reapply for the Pension benefit, vimeo but only if his assets are less than a minimum threshold that the VA agrees establishes financial need.

Do I Need to Hire an attorney?

Many spouses, Vimeo service members and former spouses are concerned about VA disability benefits and their impact on money issues during divorce. Some people believe, for instance, that Department of ada veterans disability Affairs compensation payments can be divided like an army retirement in divorce proceedings or that they're "off limits" in calculating child support and Alimony. These misconceptions could lead serious financial errors.

While it is possible to make an initial claim for disability benefits on your own, most disabled veterans benefit from the assistance of an experienced attorney. A skilled veteran's disability lawyer will review your medical records and gather the necessary evidence to make a convincing case to the VA. The lawyer will also be able to file any appeals that you require to obtain the benefits you are entitled to.

The majority of VA disability lawyers don't charge for consultations. In addition, the lawyer will generally be paid by the government directly from your retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly define the amount of retroactive benefits to be paid to your lawyer. A fee agreement may stipulate, for example, that the government would pay the attorney up 20 percent of retroactive benefits. Any additional amounts are your the responsibility of the attorney.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled ellensburg veterans disability. The payments are intended to help offset the impact of injuries, diseases or disabilities that have been sustained or worsened during the veteran's service. The haverstraw veterans disability disability benefits are subject to garnishment, just like any other income.

Garnishment is a legal action that permits a court to make an order to an employer or government agency to withhold funds from the paycheck of a person who is in debt and to send them directly to a creditor. In the case of divorce, garnishment can be used to pay for spousal support or Vimeo child support.

There are some situations where a veteran's benefits can be garnished. The most common scenario involves the veteran who has waived their military retirement in order to receive disability compensation. In these scenarios the part of pension that is allocated to disability benefits can be garnished to fulfill the family support obligations.

In other circumstances, veteran's benefit may be seized in order to cover medical expenses or federal student loans that are over due. In these situations a judge can refer a case directly to the VA to obtain the information they require. A disabled veteran should hire an experienced attorney to secure their disability benefits. This can help them avoid having to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big assistance to veterans and their families, but they're not without their own set-of complications. If a veteran divorces and receives an VA settlement it is important to be aware of what this might do to the benefits they receive.

In this regard one of the major issues is whether disability payments are considered to be assets that could be divided during a divorce. The question has been answered in two ways. One option is an Colorado court of appeals decision, which found that VA disability payments are not property, and therefore cannot be divided in this way. Another method is the U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability benefits to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this topic is the treatment of disability benefits for child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from counting disability benefits as income. However, some states have chosen to take an alternative approach. Colorado for instance adds all income sources together to determine the amount required to provide for a spouse. Colorado then adds disability payments in order to account for their tax-free status.

It is also crucial to know how divorce affects their disability benefits and how their spouses who divorced can slash their income. By being informed about these issues, veterans can protect their income as well as avoid unintended consequences.