There Is No Doubt That You Require Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

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

He would like to be aware of whether a verdict by a jury will affect his VA benefits. It will not. However, it could have an impact on the other sources of income he has.

Can I Get Compensation for an Accident?

If you have served in the military but are now permanently disabled due to injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can allow you to receive compensation for your medical expenses, lost wages, and other expenses related to your injury or illness. The kind of settlement you will receive will depend on whether your injury or vimeo illness is service-connected, Vimeo (vimeo.com post to a company blog) what VA benefits you are eligible for, as well as the cost to treat your injury or accident.

Jim is a 58 year veteran of the Vietnam war, was diagnosed as having permanent disabilities due to his two years of service. He doesn't have enough work quarters to be eligible for Social Security disability benefits but there is a VA Pension benefit that offers cash and medical treatment for free based on financial need. He would like to find out if a personal injury settlement would affect his eligibility to receive this benefit.

The answer will depend on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements require payments over time instead of one lump sum payment. The amount paid by defendant is calculated to offset the existing VA benefits. In contrast, a lump sum payout will likely alter any existing benefits as the VA considers it to be income and will annually calculate it. In the event that there are any excess assets are left after the 12 month period after the settlement is annually recalculated, Jim could be eligible for a new pension benefit, but only if his assets fall lower than a threshold with which the VA determines to be a financial need.

Do I require an Attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its effect on the financial aspects of divorce cases. Among other things, some people believe that the Department of mccomb veterans disability Affairs' compensation payments can be divided like a military pension in a divorce or that they are "off limits" when it comes to calculation of child support and Alimony. These misconceptions could lead to financial mistakes that can have grave consequences.

While it is possible to submit an initial claim for disability benefits by yourself, the majority of disabled freeport veterans disability get the assistance of a skilled attorney. A skilled veteran's disability lawyer will examine your medical documents and gather the necessary evidence to present a strong case to the VA. The lawyer can also file any appeals you might require to get the benefits you deserve.

In addition, the majority of VA disability lawyers do not charge fees for consultations. Additionally, the lawyer will generally be paid by the government directly from your retroactive past due benefits. This is an advantage of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will receive should be outlined in your fee agreement. A fee agreement could state, for example, that the government would provide the attorney with 20 percent of retroactive benefits. You will be accountable for any additional amount.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled carl junction veterans disability. The funds are meant to compensate for the effects of illnesses, injuries or disabilities that were suffered or worsened during the veteran's service. The norwich veterans disability disability benefits are subject to garnishment like any other income.

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

There are certain situations where the benefits of a veteran can be repaid. The most common scenario is a veteran who waived their military retirement to receive disability compensation. In these instances the amount of pension that is attributed to disability benefits could be garnished to meet family support obligations.

In other situations it is possible for a veteran's benefits to be garnished to pay for medical expenses or past-due federal student loans. In these situations the court may be able to go straight to the VA to get the required information. It is crucial for disabled veterans to work with a reputable attorney to ensure that their disability benefits aren't garnished. This will prevent them from being forced to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great assistance to woodbury veterans disability and their families. However they do come with their own set of complications. For example when a veteran is divorced and receives a VA disability settlement, they must be aware of how this will affect their benefits.

A major issue in this regard is whether or not disability payments are considered to be divisible assets in divorce. This question has been addressed in two ways. A Colorado court of appeals decision determined that VA disability payments were not property and could not be divided in this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability payments for alimony was a violation of USFSPA.

Another concern related to this topic is how the disability benefits are interpreted for purposes of child support and maintenance. Both the USFSPA and the Supreme Court, prohibit states from counting disability benefits as income. Certain states employ a different approach. Colorado for instance adds all income sources together to determine the amount needed to support a spouse and then adds disability benefits to account for their tax-free status.

It is also important to know how divorce can affect their disability benefits and how their ex spouses can garnish their compensation. By being aware of these issues, vets can protect their income and avoid unintended consequences.