The 3 Greatest Moments In Veterans Disability Litigation History

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled due to his military service. He is able to receive a monthly pension from the Department of Veterans Affairs.

He wants to be aware of whether a verdict by a jury will impact his VA benefits. The answer is that it will not. However, it will affect his other income sources.

Can I claim compensation for an accident?

If you have served in the military, and are permanently disabled as a result of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will pay you for medical expenses, lost income and other expenses that resulted from your injury or sickness. The type of settlement you'll get depends on whether or not your condition is service-connected or not connected, what VA benefits you qualify for, as well as 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 after two years of service in the Vietnam War. He doesn't have enough space for work to qualify for Social Security Disability benefits, however, he can claim an VA Pension that offers cash and medical care for free dependent on the amount of money he needs. He wants to find out if a personal injury settlement could affect his ability to receive this benefit.

The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements are payments made over a long period of time instead of in one payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum payment can affect any existing VA benefits because the VA will annualize and consider it income. If Jim has assets that are not used up after the settlement is annualized the applicant can apply again to be eligible for veterans disability lawyer the pension benefit. However the assets he has to be under a limit that the VA has set to establish financial necessity.

Do I Need to Hire an Attorney?

Many service members, spouses and former spouses have questions about VA disability payments and their impact on money issues during a divorce. In addition, some people believe that the Department of Veterans Affairs' compensation payments are able to be divided like a military pension in divorce or are "off limits" in the calculation of child support and alimony. These misconceptions can lead to financial mistakes that can have grave consequences.

It is possible to submit an application for disability benefits on your own however, the majority of disabled veterans disability lawyers disability lawyer, classicalmusicmp3freedownload.com, veterans disability lawyer would benefit from the assistance of a skilled lawyer. A qualified veteran's disability lawyer can examine your medical records and gather the necessary evidence to present a strong case at the VA. The lawyer can also help to file any appeals that you require to obtain the benefits you're entitled to.

Most VA disability lawyers don't charge for consultations. Additionally that the lawyer will normally be paid by the government directly out of the retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will receive should be outlined in your fee agreement. A fee agreement may stipulate, for example, that the government will pay the attorney up 20% of retroactive benefits. The attorney is responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. The payments are meant to offset some of the consequences of illnesses, disabilities, or injuries sustained during or aggravated during a veteran's military service. The veterans disability lawyers disability benefits are subject to garnishment just like other incomes.

Garnishment is a legal action that allows a court to require an employer or government agency to omit funds from the wages of a person who owes money, and then send them directly to an individual creditor. In the event of divorce, garnishment can be used for child or spousal maintenance.

There are a few situations in which a veteran's disability benefits may be refunded. The most common scenario is those who have renounced their military retirement to receive disability compensation. In these situations the amount of pension apportioned to disability pay can be garnished for family support obligations.

In other cases the benefits of a veteran can be garnished to pay for medical expenses or past due federal student loans. In these cases a court may be able to the VA to obtain the necessary information. A disabled veteran should employ an experienced attorney to safeguard their disability benefits. This will allow them to avoid being forced to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent assistance to veterans and their families. However they do come with certain complications. For example when a veteran is divorced and is awarded an VA disability settlement, they should be aware of how this will affect the benefits they receive.

A major issue in this regard is whether or not disability payments are considered divisible assets in divorce. This question has been answered in two ways. One method is an Colorado court of appeals decision which concluded 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 benefits for Alimony was against the USFSPA.

Another concern with this issue is the treatment of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. However, certain states have chosen to take different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse will need and then pluses up the disability benefits to take into account that they are tax-free.

It is also important for veterans disability lawsuit to know how their disability compensation will be affected if they become divorced and how their spouses' ex-spouses could affect their compensation. By being knowledgeable about these issues, veterans can protect their earnings and avoid any unintended consequences.