There Is No Doubt That You Require Veterans Disability Litigation

How a Veterans 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 disability claim Affairs.

He wants to be aware of whether a verdict by a jury will affect his VA benefits. The answer is not. It will, however, affect the other sources of income he earns.

Can I Get Compensation for an accident?

If you've been in the military, and are permanently disabled because of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can assist in compensating you for medical bills, lost income, and other costs that resulted from your illness or injury. The type of settlement you'll be able to get will depend on whether the condition is service-connected or non-service connected, the VA benefits you are eligible for, and the amount your accident or injury will cost to treat.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He does not have enough space for work to be eligible for Social Security Disability benefits, however, he is able to claim the VA Pension which offers cash and medical care for free depending on the financial needs of his. He wants to know if a personal injury settlement will affect his ability to receive 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 long period of time instead of in one payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum settlement can affect any existing VA benefits as the VA will annualize and consider it to be income. If Jim has extra assets after the settlement is annualized then he is eligible to be eligible for the pension benefit. However, Veterans Disability Case his assets must be less than a certain threshold that the VA has set to establish financial necessity.

Do I have to hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its impact on the financial aspects of divorce cases. Some people believe, for instance, that Department of veterans disability case (mateenbeat.com wrote in a blog post) Affairs compensation payments are split like military retirements in divorce proceedings or that they're "off limits" when calculating child support and Alimony. These misconceptions can lead to grave financial errors.

While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans disability lawyer get the assistance of a skilled lawyer. A disability attorney for veterans disability litigation can examine your medical records in order to gather the evidence needed to present a convincing case in front of the VA. The lawyer will also be able to make any appeals you require to obtain the benefits you deserve.

Additionally, the majority of VA disability lawyers do not charge fees for consultations. The government also pays the lawyer directly from your benefit of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly define the amount of retroactive benefits to be paid to your lawyer. A fee agreement may stipulate for instance that the government will provide the attorney with 20% of retroactive benefits. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA it is received in the form of monthly payments. These payments are designed to alleviate some of the effects of diseases, disabilities, or injuries sustained during or aggravated by the veteran's military service. The veterans disability benefits are subject to garnishment just like other incomes.

Garnishment permits a court order that an employer or a government agency withhold funds from the paycheck of a person who owes the debt and pay it directly to a creditor. In the event of divorce, garnishment may be used to pay spousal maintenance or child support.

There are certain situations where the benefits of a veteran could be garnished. The most frequent is the veteran who has waived his retirement from the military in order to receive disability compensation. In these instances, the portion of the pension allocated to disability payments may be garnished for family support obligations.

In other cases, a veteran’s benefits can also be seized to pay medical bills or federal student loans that are over due. In these instances a court may be able to directly to the VA to obtain the necessary information. It is crucial for a disabled veteran to find a competent lawyer to ensure that their disability benefits are not being snatched away. This can help them avoid having to depend on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major benefit for veterans and their families, however they're not without their own set of complications. For example when a veteran is divorced and is awarded an VA disability settlement, they should know what effect this will have on their benefits.

A major issue in this context is whether or not the disability payments count as divisible assets in a divorce. This issue has been settled in a couple of ways. A Colorado court of appeals decision declared that VA disability payments were not property and therefore could not be divided this manner. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability payments to pay the purpose of alimony was in violation of USFSPA.

Another concern with this subject is the treatment of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. Certain states take different approaches. Colorado is one example. It takes all income sources together to determine the amount needed to support a spouse. The state then adds on disability payments to account for their tax-free status.

In the end, it is crucial for veterans disability lawyers to know how their disability compensation will be affected if they become divorced and how their spouses' ex-spouses could be able to garnish their compensation. By being informed about these issues, vets can ensure their compensation as well as avoid the unintended consequences.