15 Current Trends To Watch For Veterans Disability Litigation

How a Marengo veterans disability lawsuit 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 from the Department of henderson veterans disability Affairs.

He wants to know how a jury award will impact his VA benefits. The answer is not. But it will have an impact on the other sources of income he has.

Can I Get Compensation for marengo veterans disability lawsuit an accident?

If you've served in the military and are permanently disabled because of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can help you get compensation for medical bills, lost wages and other expenses that result from your injury or illness. The type of settlement you are eligible for will depend on whether or not your illness or injury is service-connected, what VA benefits you are eligible for, as well as the cost to treat your accident or injury.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. He hasn't got enough work space to be eligible for Social Security disability benefits but he does have a VA Pension benefit that provides cash and medical treatment for free in accordance with financial need. He would like to know if a personal injury settlement will affect his ability to get this benefit.

The answer depends on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are based on installments over time rather than a single payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum settlement will affect any existing VA benefits as the VA will annually assess and count it to be income. In either case, if excess assets remain after the 12 month period when the settlement has been annualized Jim could reapply for the Pension benefit, but only if his assets fall below a certain threshold that the VA agrees establishes financial need.

Do I Need to Hire an Attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its effect on financial issues in divorce cases. Some people believe, among other things, that Department of south bay veterans disability lawyer Affairs compensation payments can be split like a military retirement in divorce cases or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can lead to serious financial mistakes.

While it is possible to make an initial claim for disability benefits on your own, most disabled florham park veterans disability lawsuit benefit from the assistance of an experienced attorney. An experienced veteran's disability lawyer can review your medical records and gather the necessary evidence needed to build a strong case to the VA. The lawyer can also file any appeals you might need to get the benefits you are entitled to.

Most VA disability lawyers don't charge for consultations. Additionally, the lawyer will generally be paid by the government directly out of your retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly define the percentage of retroactive benefits that will be paid to your lawyer. For instance the fee agreement could state that the government will pay the attorney up to 20% of the retroactive benefits or pay. Any additional amounts will be your the responsibility of the attorney.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA it is in the form of monthly payments. These payments are designed to offset the effects of injuries, diseases or disabilities that were suffered or aggravated by a veteran's service. The benefits for ashland veterans disability with disabilities are subject to garnishment, as is any other income.

Garnishment can be a legal proceeding that allows a court to decide that an employer or a government agency to withhold funds from the wages of a person who is in debt and to send them directly to a creditor. In the event of a divorce, garnishment may be used to pay spousal maintenance or child support.

There are a few situations where disability benefits may be repaid. The most common situation involves the veteran who has waived their military retirement in order to receive disability compensation. In these cases the amount of pension that is attributed to disability benefits could be garnished to meet family support obligations.

In other cases, a veteran's benefits could be garnished in order to pay medical expenses or federal student loans that are past due. In these situations, a court may be able to direct the case to the VA to obtain the necessary information. A disabled veteran should employ an experienced attorney to secure their disability benefits. This can prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent assistance to veterans and their families. However they have specific complications. For instance in the event that a veteran gets divorced and is awarded a VA disability settlement, they need to know 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 resolved in a couple of ways. A Colorado court of appeals ruling declared that VA disability payments were not property and could not be divided this manner. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability benefits for an alimony payment was a violation of USFSPA.

Another concern with this subject is how disability benefits are treated for purposes of child maintenance and support. Both the USFSPA, and the Supreme Court, prohibit states from counting disability benefits as income. Some states have different methods. Colorado for instance, adds all sources of income together to determine the amount required to support a spouse and then adds on disability payments to account for their tax-free status.

It is also important for east point veterans disability to understand how their disability compensation will be affected if they are divorced and how their spouses' ex-spouses could be able to garnish their compensation. By being aware of these issues, vets can ensure their compensation as well as avoid unintended consequences.