10 Quick Tips 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 because of his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.

He wants to know if an award from a jury will impact his VA benefits. The answer is not. However, it will have an impact on his other income sources.

Do I have the right to receive compensation in the event of an accident?

If you've served in the military and are now permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement can allow you to receive compensation for your medical bills, lost wages and other expenses that result from your illness or injury. The kind of settlement you can receive depends on whether your medical condition is service-connected, or not connected, what VA benefits you qualify for, and the amount your accident or injury will cost to treat.

Jim, a 58-year veteran of Vietnam, was diagnosed as having permanent disabilities because of his two years of service. He doesn't have enough space for work to be eligible for Social Security Disability benefits, however, he can claim a VA Pension that provides cash and medical care for free based on his financial need. He would like to understand how a personal injuries settlement will affect his ability to receive this benefit.

The answer depends on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are the ones that are paid over a time period rather than a single payment and the amount received by the defendant is used to offset any existing VA benefits. In contrast, a lump sum payout is likely to affect any existing benefits because the VA considers it income and will annualize it. In any case, if there are excess assets are left over after the twelve month period when the settlement is annualized Jim could apply again for the pension benefit, but only if his assets fall less than a minimum threshold that the VA determines to be a financial need.

Do I really need to hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of a divorce case. Some people believe, among other things that the Department of Veterans Affairs compensation payments are split like the military retirement in divorce cases, or Veterans disability compensation that they're "off limits" when calculating child support and Alimony. These misconceptions can lead to financial errors that have serious repercussions.

It is possible to submit an application for disability benefits yourself However, veterans disability compensation most disabled veterans disability litigation would require the help of a skilled lawyer. A veteran's disability lawyer who is experienced can review your medical records and gather the necessary evidence to present a strong argument to the VA. The lawyer can also file any appeals that you might need to receive the benefits you are entitled to.

Furthermore, the majority of VA disability lawyers charge no fees for consultations. Additionally that the lawyer will normally be paid by the government directly out of your retroactive past due benefits. This is one of the benefits of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will be paid should be outlined in your fee agreement. For instance your fee agreement may provide that the government can pay the attorney up to 20% of the retroactive benefits or award. Any additional amount is your obligation.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA, it comes in the form of monthly payments. The funds are meant to compensate for the effects of injuries, illnesses or disabilities that were suffered or aggravated during a veteran's service. As with all income, veterans disability benefits can be subject to garnishment.

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

However, there are certain circumstances where a veteran's disability benefits could be repaid. The most common situation involves a veteran who waived their military retirement to receive disability compensation. In these cases, the portion of pension that is devoted to disability benefits can be garnished to fulfill the family support obligations.

In other instances, a veteran's benefit may be seized in order to pay medical expenses or federal student loans that are past due. In these cases, a court may be able to go straight to the VA to get the required information. It is essential for disabled veterans disability compensation (This Internet site) to retain a knowledgeable attorney to ensure that their disability benefits are not garnished. This will prevent them from being forced to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge benefit for veterans and their families, however they come with their own set-of complications. For instance the case where a veteran is divorced and receives a VA disability settlement, they should be aware of what this means for their benefits.

A major issue in this regard is whether disability payments are considered divisible assets in divorce. The question has been answered in two ways. A Colorado court of appeals ruling decided that VA disability payments were not property and therefore could not be divided this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments for alimony was a violation of USFSPA.

Another concern relating to this issue is the handling of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. However, certain states have adopted different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then pluses up the disability payments to take account that they are tax free.

In the end, it is crucial for veterans disability claim to be aware of how their disability compensation will be affected if they are divorced and how their ex-spouses may be able to garnish their compensation. By being informed about these issues, veterans can ensure their compensation as well as avoid any unintended consequences.