The 10 Most Worst Veterans Disability Litigation-Related FAILS Of All …

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled due to his service in the military. He gets a monthly pension from the Department of Veterans Affairs.

He would like to be aware of whether a verdict by a jury will impact his VA benefits. It won't. But it will have some impact on his other sources of income.

Can I get compensation for an accident?

You may be eligible for a settlement in the event that you were in the military but are now permanently disabled because of injuries or illnesses. This settlement will help pay you for medical expenses, lost income and other expenses that resulted from your illness or injury. The kind of settlement you can get depends on whether or not your condition is service-connected or not connected, which VA benefits you qualify for, and how much your injury or accident will cost to treat.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He hasn't got enough work space to qualify for Social Security disability benefits but there is a VA Pension benefit, which offers cash and free medical assistance that is based on financial need. He wants to learn what the implications of a personal injury settlement will affect his ability to be eligible for this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements consist of payments over time rather than one lump sum payment. The amount that defendant pays is calculated to offset existing VA benefits. A lump sum payout will likely affect existing benefits since the VA considers it a tax-deductible income and will annually increase it. If Jim has surplus assets after the settlement has been annualized then he is eligible to be eligible for the pension benefit. However, his assets must be below a minimum threshold that the VA has determined to be a financial necessity.

Do I require an attorney?

Many spouses, service members, and former spouses have concerns about VA disability payments and their effect on financial issues during divorce. Some people think, for instance, that the Department of Veterans Affairs compensation payments can be split like an army retirement in divorce proceedings or that they're "off limits" when calculating child support and Alimony. These misconceptions can result in financial mistakes which can have serious consequences.

It is possible to submit a claim for disability benefits yourself however, the majority of disabled mount Pleasant Veterans disability attorney will require the help from a competent lawyer. A veteran's disability attorney can review your medical records to gather the evidence needed to present a convincing case before the VA. The lawyer can also file any appeals you may require to get the benefits you deserve.

Furthermore, the majority of VA disability lawyers charge no fees for consultations. In addition the lawyer will typically be paid by the government directly from your retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should specify clearly the proportion of retroactive benefits to be paid to your lawyer. For example the fee agreement could provide that the government can pay the lawyer up to 20% of the retroactive benefits or award. You will be accountable for any additional costs.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The payments are intended to compensate for the effects of diseases, injuries or disabilities sustained or aggravated by a veteran's time of service. Like all income, the benefits for veterans disability lawsuit with disabilities are subject to garnishment.

Garnishment lets a court order that an employer or a government agency withhold funds from the paycheck of an individual who owes an obligation and pay it 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 can be refunded. The most frequent is the veteran who has waived his military retirement in order to receive disability compensation. In these cases the pension portion that is devoted to disability compensation can be garnished to cover the obligations of family support.

In other instances it is possible for a veteran's benefits to be withdrawn to cover medical expenses or past due federal student loans. In these situations the court may be able to direct the case to the VA to obtain the necessary information. The disabled veteran should consult an experienced attorney to secure their disability benefits. This will prevent them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great aid to veterans and their families. However they do come with certain complications. For example the case where a veteran is divorced and receives an VA disability settlement, they should know what this means for the benefits they receive.

One of the major Vimeo issues in this regard is whether or not disability payments are considered to be divisible assets in a divorce. The question has been answered in two ways. A Colorado court of appeals decision found that VA disability payments were not property and could not be divided in this way. Another way is through an U.S. Supreme Court ruling in Howell that ruled that garnishing a veteran's VA disability benefits to pay alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this subject is how disability benefits are treated in the context of child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. However, certain states have adopted different approaches. Colorado for instance, takes all income sources together to determine the amount required to support a spouse. It then adds disability income in order to account for their tax-free status.

It is also essential to know the impact divorce has on their disability benefits and how ex-spouses could take advantage of their compensation. By being aware of these issues, vets can ensure their compensation and avoid unintended consequences.