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 is able to receive a monthly pension from the Department of Veterans Affairs.

He wants to know if a jury verdict will impact his VA benefits. The answer is not. It will, however, have an impact on the other sources of income he earns.

Do I have the right to receive compensation for an accident?

If you've served in the military and are permanently disabled due to injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can assist in compensating you for medical expenses, lost income and other costs that resulted from your injury or sickness. The kind of settlement you'll receive depends on whether your condition is service-connected or not connected, the VA benefits you qualify for, as well as the amount your accident or injury will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. He isn't in a position to have enough work space to be eligible for Social Security Disability benefits, however, he can claim an VA Pension that offers free medical care and cash according to his financial need. He would like to be aware of how a personal injury settlement will affect his ability to be eligible for this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements involve installments over time instead of one single payment. The amount that defendant pays is calculated to offset existing VA benefits. A lump sum settlement can affect any existing VA benefits since the VA will annually calculate and consider it to be income. In either case, if excess assets are left after the 12 month period when the settlement has been annualized Jim could be eligible for a new pension benefit, but only if his assets fall less than a minimum threshold that the VA determines to be a financial need.

Do I require an attorney?

Many spouses, members of the military and former spouses have questions about VA disability payments and their impact on money issues during divorce. Some people believe, among other things, that the Department of Veterans Affairs compensation payments can be split like an army retirement in a divorce case or that they're "off limits" when it comes to calculating child support and alimony. These misconceptions could lead to serious financial errors.

It is possible to file an application for disability benefits by yourself However, most disabled veterans would benefit from the assistance of a skilled lawyer. A disability attorney for veterans can examine your medical records to gather the evidence needed to argue your case to the VA. The lawyer can also help to file any appeals you may need to get the benefits you're entitled to.

Most VA disability lawyers don't charge for consultations. Additionally 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. The amount of retroactive past-due benefits that your lawyer will be paid should be clearly stated in your fee agreement. A fee agreement could say for instance that the government would give the attorney up to 20 percent of retroactive benefits. You are responsible for any additional sums.

Can I Garnish My VA Benefits?

When disabled veterans disability lawyer receive compensation from the VA the compensation is paid in the form of monthly payments. These payments are designed to help offset the impact of illnesses, injuries or disabilities that have been sustained or worsened during the veteran's time of service. The benefits for veterans' disability are subject to garnishment as is any other income.

Garnishment lets a court order that an employer or government agency withhold cash from the pay of a person who is in the process of paying an obligation and pay it directly to a creditor. In the event of a divorce, garnishment may be used to pay spousal support or child support.

There are a few situations where disability benefits could be refunded. The most common scenario involves a veteran who waived their military retirement to get disability compensation. In these instances the portion of the pension that is allocated to disability pay could be garnished to meet family support obligations.

In other circumstances it is possible for a veteran's benefits to be withdrawn to cover medical expenses or past-due federal student loans. In these cases a court may be able to directly to the VA to get the required information. It is vital for disabled veterans disability case to retain a knowledgeable attorney to ensure that their disability benefits aren't removed. This will help them avoid having 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 disability lawyer and their families. However they have specific complications. For example the case where a veteran is divorced and receives an VA disability settlement, they need to know what effect this will have on their benefits.

In this context, the main question is whether disability payments are considered to be assets that can be divided in a divorce. The question has been answered in two ways. A Colorado court of appeals decision declared that VA disability payments were not property and veterans disability claim could not be divided this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability benefits for Alimony was against the USFSPA.

Another concern relating to this subject is the treatment of disability benefits to children for maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from utilizing disability benefits as income. Certain states take different methods. Colorado is one example. It takes all income sources together to determine the amount required to support a spouse. The state then adds disability benefits to reflect their tax-free status.

It is also crucial that veterans understand how divorce will affect their disability benefits and how their spouses who divorced could take advantage of their compensation. By being aware of these issues, Veterans disability Claim (www.nlvl.wiki) can ensure the security of their income and avoid unintended consequences.