Why No One Cares About 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 Rochester Veterans Disability Lawyer Affairs.

He would like to know how the jury's verdict will impact his VA benefits. The answer is that it will not. It will, however, have an impact on his other income sources.

Can I claim compensation for an accident?

If you've been in the military and are permanently disabled due to injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement will help pay you for medical bills, lost income and other costs that resulted from your injury or sickness. The kind of settlement you'll get will depend on whether the health condition is non-service connected, which VA benefits you qualify for, and the amount your injury or accident will cost to treat.

Jim, a 58-year veteran of Vietnam was diagnosed with permanent disabilities as a result of his two years of service. He does not have enough working space to qualify for Social Security disability benefits but he does have a VA Pension benefit that provides medical care and cash based on financial need. He would like to be aware of what the implications of a personal injury settlement could affect his eligibility to benefit from this benefit.

The answer depends on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are settlements that are paid over a period of time instead of in one payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will likely impact any benefits already in place because the VA considers it a tax-deductible income and will annually increase it. If Jim has surplus assets after the settlement is annually adjusted and he wants to reapply, he will receive the Pension benefit. However his assets must be less than a certain threshold that the VA has set to establish financial necessity.

Do I require an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on money issues in divorce cases. There are many other reasons, but some people think that the Department of Veterans Affairs' compensation payments are able to be divided as a military pension in divorce or are "off limits" in calculation of child support and alimony. These misconceptions can lead to financial errors which can have serious consequences.

While it is possible to file an initial claim for disability benefits by yourself, the majority of disabled veterans require the assistance of a skilled lawyer. A veteran's disability lawyer can review your medical records to gather the necessary evidence to present a convincing case before the VA. The lawyer can also help to file any appeals that you require to secure the benefits you're entitled to.

Moreover, most VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from the amount of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will receive should be clearly stated in your fee agreement. For example your fee agreement may stipulate that the government will pay the lawyer up to 20% of the retroactive benefits or pay. You will be accountable for any additional sums.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA it is received in the form of monthly payments. The funds are meant to help offset the impact of injuries, diseases or disabilities that were suffered or aggravated during the course of a veteran's service. The veterans disability benefits are subject to garnishment, just like any other income.

Garnishment is a legal procedure that allows a judge to decide that an employer or a government agency to deduct funds from the pay of someone who is in debt and Rochester veterans Disability Lawyer to send them directly to the creditor. In the case of divorce, garnishment may be used to pay spousal maintenance or child support.

However, there are certain situations in which a veteran's disability benefits are able to be refunded. The most common scenario is veterans who have waived their military retirement in order to receive disability compensation. In these cases, the amount of pension that is allocated to disability pay may be garnished for family support obligations.

In other instances, a veteran's benefits can be seized to pay medical expenses or past-due federal student loans. In these cases the court might be able to the VA to obtain the necessary information. It is essential for disabled emeryville veterans disability lawsuit to hire a knowledgeable lawyer to ensure that their disability benefits are not taken away. This will prevent them from being forced to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous benefit for veterans and their families, however they do come with their own set-of complications. If a veteran gets divorced and receives a VA settlement then they must be aware of the impact this could have to their benefits.

In this regard the most important question is whether disability benefits are considered assets that could be divided in a divorce. This question has been resolved in a couple of ways. One option is an Colorado court of appeals ruling that concluded that VA disability payments are not property and can't be divided in that way. Another method is the U.S. Supreme Court ruling in Howell which 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 topic is how the disability benefits are treated to determine child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from claiming disability benefits as income. Certain states employ a different approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then adds the disability payments to take account that they are tax-free.

It is also crucial that veterans are aware of how divorce will affect their disability benefits and how their spouses who divorced could take advantage of their compensation. By being aware of these issues, norwalk veterans disability lawyer can safeguard their benefits as well as avoid any unintended consequences.