What Do You Think? Heck Is 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 wants to be aware of whether a verdict by a jury will affect his VA benefits. The answer is not. However, it will have an impact on the other sources of income he has.

Can I Receive Compensation in the event of an accident?

If you've served in the military and are permanently disabled due to injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can allow you to receive compensation for your medical bills, lost wages and other costs resulting from your illness or injury. The kind of settlement you could receive will depend on whether your injury or illness is related to service, what VA benefits you are eligible for, and the amount you will need to treat your accident or injury.

Jim, a 58-year veteran of the Vietnam war was diagnosed with permanent disabilities because of his two years of service. He does not have enough space for work to be eligible for Social Security Disability benefits, however, he is able to claim a VA Pension that provides cash and medical care for free based on his financial need. He wants to be aware of what the implications of a personal injury settlement will affect his eligibility 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 consist of the payment of over time instead of a single payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum payment will affect any existing VA benefits since the VA will annually evaluate and consider it as income. In any event, if extra assets remain after the twelve-month period when the settlement is annualized Jim could reapply for the Pension benefit but only if his assets fall lower than a threshold with which the VA accepts as establishing financial need.

Do I need to hire an attorney?

Many spouses, service members, and former spouses are concerned about VA disability payments and their impact on money issues in divorce. In addition, some people think that the Department of yucaipa veterans disability lawyer Affairs' compensation payments can be divided like a military pension divorce or are "off limits" in the calculation of child support and alimony. These misconceptions could lead to serious financial mistakes.

While it is possible to make an initial claim for disability benefits on your own, most disabled veterans get the assistance of a skilled lawyer. A disability attorney for Louisville veterans disability lawyer can review your medical records to gather the evidence needed to make a strong case in front of the VA. The lawyer can also help to submit any appeals you need to get the benefits you're entitled to.

Most VA disability lawyers do not charge for consultations. Additionally that the lawyer will normally be paid by the government directly from your retroactive past due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past-due benefits your lawyer will receive should be clearly outlined in your fee agreement. For instance your fee agreement may state that the government will pay the lawyer up to 20% of the retroactive benefits or provide. You will be accountable for any additional amounts.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled commerce veterans disability lawsuit. These payments are designed to alleviate the effects of illnesses, injuries or disabilities that were suffered or aggravated during a veteran's time of service. Like all income, the veterans disability benefits could be subject to garnishment.

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

There are a few situations in which the benefits of a veteran could be encashable. The most frequent is the veteran who renounced his military retirement in order to receive disability compensation. In these situations the portion of the pension that is attributed to disability benefits can be garnished for family support obligations.

In other cases, a veteran's benefits could be garnished to pay medical bills or federal student loans that are over due. In these situations a court may be able to the VA to get the required information. A disabled veteran should hire an experienced attorney to protect their disability benefits. This can stop them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major help for veterans and their families, however they're not without their own set of issues. If a veteran gets divorced and receives an VA settlement, he or she should be aware of the impact this could have to their benefits.

One of the major issues in this context is whether disability payments are considered to be divisible assets in divorce. This question has been resolved in two ways. A Colorado court of appeals ruling found that VA disability payments were not property and could not be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability payments to pay Alimony was against the USFSPA.

Another concern with this topic is how the disability benefits are treated for purposes of child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from claiming disability benefits as income. However, some states have chosen to take an alternative approach. Colorado is one example. It adds all sources of income together to determine the amount required to support a spouse and then adds disability benefits in order to take into account their tax-free status.

Finally, it is important that veterans understand how their disability benefits will be affected if they become divorced and how their ex-spouses can take advantage of their benefits. By being aware of these issues, vets can safeguard their benefits as well as avoid any unintended consequences.