How To Outsmart Your Boss Veterans Disability Litigation

How a lake mary veterans disability attorney 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 impact his VA benefits. It will not. But it will have some impact on the other sources of income he has.

Can I get compensation for an Accident?

You may be eligible for a settlement if you served in the military but are now permanently disabled because of injuries or illnesses. This settlement will pay you for medical bills, lost income and other costs that resulted from your injury or sickness. The type of settlement that you can receive will depend on whether your illness or injury is a result of a service connection, the VA benefits you are eligible for, as well as the cost to treat your accident or injury.

Jim who is a 58-year old Vietnam veteran was diagnosed with permanent disabilities as a result of his two years of service. He does not have enough work space to be eligible for Social Security Disability benefits, but he has a VA Pension that provides free medical care and cash according to his financial need. He would like to be aware of whether a personal injury settlement would affect his ability be eligible for lemon grove veterans Disability Lawsuit this benefit.

The answer is contingent upon whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are settlements that are paid over a time frame rather than a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment can impact any existing VA benefits because the VA will annually calculate and consider it as income. If Jim has extra assets after the settlement is annually adjusted, he can reapply to receive the Pension benefit. However, his assets must be below a minimum threshold that the VA has set to establish financial necessity.

Do I need to hire an attorney?

Many spouses, service members and former spouses have questions about VA disability benefits and their effect on financial issues in divorce. Some people believe that the Department of inverness Veterans disability lawyer Affairs' compensation payments are able to be divided like a military pension divorce or are "off limits" in the calculation of child support and alimony. These misconceptions can lead to financial mistakes which can have serious consequences.

While it is possible to make an initial claim for disability benefits on your own, many disabled veterans can benefit from the assistance of a professional lawyer. A disability attorney for Seminole Veterans Disability can review your medical records to gather the evidence required to make a strong case in front of the VA. The lawyer will also be able to make any appeals you require to receive the benefits you're entitled.

Most VA disability lawyers do not charge for consultations. The government will also pay the lawyer directly from your amount of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should specify clearly the amount of retroactive benefits that will be paid to your lawyer. A fee agreement could stipulate that, for example, the government would give the attorney up to 20% of retroactive benefits. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The payments are intended to alleviate the effects of illnesses, injuries or disabilities that were suffered or aggravated by a veteran's time of service. Like all income, the veterans disability benefits could be subject to garnishment.

Garnishment is a legal procedure that allows a court to make an order to an employer or government agency to omit funds from the paycheck of a person who owes money and transfer them directly to a creditor. In the event of a divorce garnishment can be used for child or spousal maintenance.

There are a few situations where disability benefits could be refunded. The most common situation involves those who have renounced their military retirement to get disability compensation. In these situations the portion of the pension apportioned to disability pay can be garnished for family support obligations.

In other instances, a veteran's benefits may also be seized in order to pay medical expenses or federal student loans that are over due. In these situations, a court may be able to the VA to obtain the necessary information. It is crucial for disabled erlanger veterans disability to find a competent lawyer to ensure that their disability benefits aren't garnished. This will allow them to avoid having to depend on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major assistance to veterans and their families, however they do come with their own set of complications. If a person divorces and receives a VA settlement then they must know what this will do to their benefits.

One of the major [empty] issues in this context is whether disability payments count as divisible assets in a divorce. The question has been answered in two ways. One option is an Colorado court of appeals decision, which found that VA disability payments are not property, and therefore cannot be divided in that way. The other way is by a U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability benefits to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this subject is the treatment of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. Certain states take an alternative approach. Colorado is one example. It adds all income sources together to determine the amount required to support a spouse. The state then adds disability benefits in order to take into account their tax-free status.

Additionally, it is essential that veterans understand how their disability compensation will be affected when they get divorced and how their ex-spouses can be able to garnish their compensation. By being informed about these issues, wentzville veterans disability lawyer can ensure their compensation and avoid unintended consequences.