Why Veterans Disability Litigation Isn t A Topic That People Are Interested In.

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man, is permanently disabled because of his military service. He is able to receive a monthly pension from the Department of Veterans Affairs.

He would like to know if a jury verdict will affect his VA benefits. It will not. It will, however, have an impact on his other sources of income.

Can I Get Compensation for an accident?

If you've served in the military, and are permanently disabled as a result of injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement can help you receive compensation for your medical bills, lost wages, and other costs resulting from your injury or illness. The kind of settlement you'll be able to get depends on whether or not your condition is service-connected or not connected, the VA benefits you are eligible for, and how much your injury or accident will cost to treat.

Jim is a 58 year old Vietnam veteran, was diagnosed as having permanent disabilities due to his two years of service. Jim does not have enough work space to qualify for Social Security Disability benefits, but he has a VA Pension that provides cash and medical care for free based on his financial need. He would like to find out if a personal injury settlement could affect his ability to get this benefit.

The answer is contingent upon whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements consist of payments over time instead of one single payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum payment will likely affect existing benefits since the VA considers it to be income and will annually calculate it. In the event that there are any excess assets are left after the period of twelve months when the settlement has been annualized Jim could apply again for Oneonta veterans disability lawsuit the Pension benefit but only if his assets fall lower than a threshold with which the VA determines to be a financial need.

Do I really need to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on money issues in divorce cases. There are many other reasons, but some people believe that the Department of Veterans Affairs' compensation payments are able to be divided as a military pension in divorce or are "off limits" in the calculation of child support and alimony. These misconceptions can result in financial mistakes which can have serious consequences.

It is possible to submit a claim for disability benefits by yourself However, most disabled laurel veterans disability lawsuit will benefit from the assistance of a qualified lawyer. A skilled veteran's disability lawyer can examine your medical records and gather all the necessary evidence to present a strong argument to the VA. The lawyer can also file any appeals that you may require to receive the benefits you deserve.

Most VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from your award of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly define the proportion of retroactive benefits to be paid to your lawyer. For example your fee agreement may specify that the government will pay the lawyer up to 20% of the retroactive benefits or provide. You are responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. The payments are intended to alleviate the effects of injuries, diseases or disabilities sustained or worsened during the veteran's time of service. Like all incomes, belmont veterans disability attorney disability benefits are subject to garnishment.

Garnishment permits a court order that an employer or a government agency withhold funds from the paycheck of a person who is in the process of paying the debt and pay it directly to the creditor. In the event of a divorce the garnishment could be used for child or spousal care.

There are a few situations in which the benefits of a veteran can be repaid. The most frequent scenario involves those who have renounced their military retirement to receive disability compensation. In these cases, the amount of pension that is attributed to disability benefits can be garnished for family support obligations.

In other circumstances shiloh veterans disability' benefits could be garnished to pay for medical expenses or past due federal student loans. In these instances the court could go directly to the VA to obtain the information they require. It is crucial for disabled Cary Veterans Disability Attorney to hire a knowledgeable lawyer to ensure that their disability benefits aren't removed. This will allow them to avoid being forced to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to veterans and their families. However they also come with their own set of complications. For instance when a veteran is divorced and is awarded an VA disability settlement, they must be aware of how this will affect their benefits.

A major issue in this context is whether or not disability payments count as divisible assets in divorce. This question has been resolved in a couple of ways. One method is the Colorado court of appeals decision that found that VA disability payments are not property, and therefore cannot be divided as such. Another option is 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 related to this issue is how disability benefits are interpreted to determine child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. Certain states take different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse will need and then adds the disability payments to take into account that they are tax free.

It is also important that veterans know the impact divorce has on their disability benefits and how their spouses who divorced can garnish their compensation. By being informed about these issues, veterans can protect their income and avoid the unintended consequences.