Why No One Cares About Veterans Disability Litigation

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

Jim's 58-year-old client is permanently disabled because of his military service. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He would like to know if a jury verdict will impact his VA benefits. It won't. It will, however, affect the income sources of 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 because of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will allow you to receive compensation for your medical expenses, lost wages, and other costs resulting from your injury or illness. The kind of settlement you'll be able to receive will depend on whether your condition is service-connected or not connected, which VA benefits you qualify for, as well as the amount your accident or injury will cost to treat.

Jim is a 58 year veteran of Vietnam, was diagnosed as having permanent disabilities as a result of his two years of service. He doesn't have enough work space to qualify for Social Security Disability benefits, however, he does have a VA Pension that provides cash and medical care for free dependent on the amount of money he needs. He would like to know how a personal injuries settlement could affect his eligibility to benefit from this benefit.

The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements involve payments over a period of time, rather than one payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum payment will likely alter any existing benefits as the VA considers it a tax-deductible income and will annually increase it. If Jim has surplus assets after the settlement has been annualized then he is eligible to receive the Pension benefit. However his assets must be below a minimum threshold that the VA has set that establishes financial necessity.

Do I Need to Hire an Attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its effect on the financial aspects of divorce cases. There are many other reasons, but some people believe that the Department of veterans disability lawsuit Affairs' compensation payments are able to be divided like a pension from a military service in a divorce or that they are "off limits" in the calculation of child support and alimony. These misconceptions can lead to financial mistakes that have serious consequences.

While it is possible to file an initial claim for disability benefits on your own, most disabled veterans disability lawyers (browse around here) can benefit from the assistance of a professional attorney. A skilled veteran's disability lawyer will examine your medical documents and gather the necessary evidence to support your case at the VA. The lawyer will also be able to file any appeals that you require to secure the benefits you are entitled to.

In addition, the majority of VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from your payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly state the proportion of retroactive benefits to be paid to your lawyer. For instance an agreement on fees could specify that the government will pay the lawyer up to 20% of retroactive benefits or give. The attorney is responsible for any additional amount.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. These payments are designed to alleviate some of the effects of disability, illness or Veterans Disability Lawyers injuries that are sustained or aggravated by a veteran's military service. Like all income, the veterans disability litigation disability benefits could be subject to garnishment.

Garnishment permits a court order that an employer or a government agency withhold cash from the pay of a person who owes an obligation and pay it directly to a creditor. In the event of divorce, the garnishment could be used for child or spousal support.

There are a few situations in which a veteran's benefits can be repaid. The most common scenario is that of a veteran who renounced his military retirement to receive disability compensation. In these instances the part of pension that is devoted to disability pay can also be garnished to fulfill the family support obligations.

In other situations, a veteran's benefits can be seized to pay medical expenses or past-due federal student loans. In these instances a judge can refer a case directly to the VA to obtain the information they require. A disabled veteran should seek out an experienced lawyer to protect their disability benefits. This can stop them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent assistance to veterans disability law and their families. However they also come with certain complications. If a person divorces and receives a VA settlement, he or she should be aware of the impact this could have to the benefits they receive.

In this context, a major question is whether disability payments count as assets that can be split in a divorce. This question has been resolved in two ways. One way is by a Colorado court of appeals decision that found that VA disability payments are not property and cannot be divided in that way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments to pay an alimony payment was a violation of USFSPA.

Another concern related to this topic is how the disability benefits are treated to determine child maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. Certain states use different methods. Colorado is one example. It adds all income sources together to determine the amount required to support a spouse. The state then adds on disability payments in order to take into account their tax-free status.

It is also important for veterans to know how their disability benefits will be affected when they get divorced and veterans disability lawyers how their ex-spouses may take advantage of their benefits. By being knowledgeable about these issues, veterans disability attorneys can ensure the security of their earnings and avoid any unwanted consequences.