5 Laws Anyone Working In Veterans Disability Litigation Should Know

How a Veterans Disability Settlement Can Affect a Divorce Case

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

He wants to know if a jury verdict will affect his VA benefits. It won't. However, it will have an impact on the other sources of income he earns.

Can I claim compensation in the event of an accident?

If you've served in the military and are now permanently disabled as a result of injuries or illnesses, you could be eligible for a emmaus veterans disability law firm disability settlement. This settlement can help compensate you for medical bills, lost income and other expenses that resulted from your injury or sickness. The type of settlement you can get depends on whether or not your health condition is non-service connected, which VA benefits you are eligible for, and how much your accident or injury will cost to treat.

Jim, a 58-year old Vietnam veteran was diagnosed with permanent disabilities because of his two years of service. He doesn't have enough space for work to be eligible for Social Security Disability benefits, however, he can claim an VA Pension that offers cash and medical treatment for free dependent on the amount of money he needs. 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 a lump-sum or a structured one. Structured settlements require the payment of over time, rather than one single payment. The amount paid by defendant is calculated to offset existing VA benefits. However, a lump sum settlement will probably affect any existing benefits because the VA considers it to be income and will annually calculate it. If Jim has extra assets after the settlement has been annualized and he wants to reapply, he will receive the Pension benefit. However the assets must be less than a certain threshold that the VA has determined to be a financial necessity.

Do I really need to hire an attorney?

Many spouses, encoskr.com military personnel, and former spouses are confused about VA disability compensation and its effect on financial issues in a divorce case. In addition, some people believe that the Department of Veterans Affairs' compensation payments are able to be divided like a pension from a military service in divorce or are "off limits" in the calculation of child support and Alimony. These misconceptions can lead to serious financial mistakes.

While it is possible to submit an initial claim for disability benefits on your own, the majority of disabled Fanwood Veterans Disability Attorney get the assistance of an experienced attorney. A disability attorney for opp veterans disability law firm can review your medical records to gather the evidence required to make a strong argument before the VA. The lawyer can also file any appeals you may require to get the benefits you are entitled to.

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. The fee agreement should specify clearly the proportion of retroactive benefits to be paid to your lawyer. A fee agreement could stipulate that, for instance, the government will give the attorney up to 20 percent of retroactive benefits. You are responsible for any additional amounts.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The purpose of the payments is to alleviate some of the effects of disability, illness, or injuries sustained during or aggravated during a veteran's military service. Like all incomes, veterans disability benefits are subject to garnishment.

Garnishment lets a court order that an employer or a government agency withhold money from the pay of a person who is in the process of paying the debt and pay it directly to the creditor. In the event of divorce, the garnishment could be used for child or spousal maintenance.

There are certain situations where a veteran's benefits can be garnished. The most common scenario involves the veteran who has waived their military retirement to receive disability compensation. In these instances the amount of pension that is allocated to disability benefits can be garnished in order to pay for family support obligations.

In other situations, veteran's benefit may be garnished in order to pay medical expenses or federal student loans that are past due. In these cases the court may be able to the VA to obtain the necessary information. A disabled veteran should seek out an experienced attorney to safeguard their disability benefits. This will stop 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 help to veterans and their families. However, they come with their own set of complications. For example when a veteran is divorced and is awarded a VA disability settlement, they need to know what effect this will have on their benefits.

In this case one of the major issues is whether or not disability payments are considered assets which can be divided in divorce. This question has been resolved in a couple of ways. A Colorado court of appeals ruling found that VA disability payments were not property and therefore could not be divided in this manner. The other way is by a U.S. Supreme Court ruling in Howell that ruled that garnishing a veteran's VA disability payments to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this issue is how disability benefits are treated to determine child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. Some states have different methods. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then adds up the disability benefits to take into account that they are tax-free.

It is also crucial that veterans know how divorce affects their disability compensation and how their spouses who divorced could take advantage of their compensation. By being aware of these issues, veterans can safeguard their benefits and avoid unintended consequences.