Why Nobody Cares About Veterans Disability Litigation

How a veterans disability legal 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 would like to know if a jury verdict will affect his VA benefits. The answer is not. But it will have some impact on his other sources of income.

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

If you've served in the military but are now permanently disabled as a result of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement could help you get compensation for medical expenses, lost wages, and other expenses that result from your injury or illness. The kind of settlement you'll receive depends on whether your condition is service-connected or non-service connected, what VA benefits you qualify for, and the amount your accident or injury will cost to treat.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He does not have enough space for work to qualify for Social Security Disability benefits, however, he does have the VA Pension which offers free medical care and cash according to his financial need. He would like to determine if a personal accident 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 are settlements that are paid over a time frame rather than in a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. However, a lump sum payout will likely impact any benefits already in place because the VA considers it income and will annualize it. If Jim has surplus assets after the settlement has been annualized and he wants to reapply, he will receive the Pension benefit. However his assets must be under a limit that the VA has set to establish financial necessity.

Do I need to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its impact on financial issues in a divorce case. Some people believe, among other things, that Department of Veterans Affairs compensation payments can be split as an army retirement in divorce proceedings or that they're "off limits" when calculating child support and alimony. These misconceptions may lead to grave financial errors.

While it is possible to file an initial claim for disability benefits on your own, veterans disability compensation many disabled veterans disability compensation (one-time offer) require the assistance of a skilled attorney. A skilled veteran's disability lawyer will examine 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're entitled.

Furthermore, the majority of VA disability lawyers charge no fees for consultations. The government also pays the lawyer directly from your payment of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will receive should be outlined in your fee agreement. A fee agreement could state that, for instance, the government would pay the attorney up 20 percent of retroactive benefits. You are responsible for any additional sums.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. The funds are intended to help offset the effects of disability, illness or injuries that are sustained or aggravated during a veteran's military service. Like all incomes, veterans disability benefits can be subject to garnishment.

Garnishment is a legal procedure that allows a judge to order an employer or government agency to take money from the pay of an employee who owes money, and then send them directly to a creditor. In the case of a divorce, garnishment can be used to pay spousal maintenance or child support.

There are a few situations in which a veteran's benefits can be repaid. The most common scenario is a veteran who waived their military retirement to receive disability compensation. In these instances the pension portion that is devoted to disability benefits can be garnished to cover the obligations of family support.

In other instances the benefits of a veteran can be withdrawn to cover medical expenses or past due federal student loans. In these cases the court can go directly to the VA for the information they require. A disabled veteran should employ an experienced attorney to safeguard their disability benefits. This will allow them to avoid being forced to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge assistance to veterans disability claim and their families, however they do come with their own set of challenges. For example the case where a veteran is divorced and receives a VA disability settlement, they should be aware of what effect this will have on the benefits they receive.

A major issue in this regard is whether disability benefits are considered divisible assets in divorce. This question has been answered in two ways. A Colorado court of appeals decision declared 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 against the USFSPA.

Another concern with this topic is how the disability benefits are interpreted in the context of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. Certain states take different methods. Colorado for instance takes all income sources together to determine the amount required to provide for a spouse. Colorado then adds disability payments to account for their tax-free status.

It is also crucial that veterans disability attorney know how divorce can affect their disability compensation and how ex-spouses can garnish their compensation. By knowing about these issues, veterans can ensure the security of their earnings and avoid any unintended consequences.