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 time in the military. He receives a monthly pension benefit from the Department of Veterans Affairs.

He would like to know if a verdict of a juror will affect his VA benefits. The answer is not. It will, however, have an impact on the income sources of his other income sources.

Can I receive compensation in the event of an accident?

If you have served in the military, and are permanently disabled because of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can help compensate you for zerez.de medical bills, lost income and other expenses resulting from your illness or injury. The type of settlement you can receive will depend on whether your injury or illness is service-connected, what VA benefits you qualify for, as well as the cost to treat your injury or accident.

Jim who is a 58-year old Vietnam veteran was diagnosed with permanent disabilities because of his two years of service. He does not have enough working space to be eligible for Social Security disability benefits but there is a VA Pension benefit, which offers cash and medical treatment for free based on financial need. He wants 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 involve installments over time, rather than one lump sum payment. The amount paid by the defendant is calculated to offset existing VA benefits. A lump sum payout is likely to affect existing benefits since the VA considers it a tax-deductible income and will annually increase it. In any event, if extra assets are left over after the twelve month period when the settlement is annualized Jim could be eligible for a new Pension benefit but only if his assets are below a threshold that the VA is able to agree establishes financial need.

Do I Need to Hire an Attorney?

Many spouses, military personnel, and former spouses have concerns about VA disability payments and their effect on financial issues during a divorce. Some people think, for instance, that the Department of Veterans Affairs compensation payments can be divided like an army retirement in a divorce case or that they're "off limits" when calculating child support and alimony. These misconceptions can lead to financial mistakes that can have grave consequences.

While it is possible to file an initial claim for disability benefits on your own, many disabled veterans can benefit from the assistance of an experienced lawyer. An experienced veteran's disability lawyer will examine your medical records and gather the necessary evidence to make a convincing argument to the VA. The lawyer will also be able to file any appeals that you require to secure the benefits you're entitled to.

Additionally, the majority of VA disability lawyers do not charge fees for consultations. In addition, the lawyer will generally be paid by the government directly from your retroactive past due benefits. This is a benefit of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will be paid should be clearly outlined in your fee agreement. For instance the fee agreement could specify that the government will pay the lawyer up to 20% of the retroactive benefits or pay. You will be responsible for any additional amounts.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The purpose of the payments is to alleviate some of the consequences of illnesses, disabilities or injuries incurred during or aggravated due to a veteran's military service. As with all income, benefits for veterans with disabilities are subject to garnishment.

Garnishment allows a court order that an employer or government agency withhold money from the pay of an individual who owes an obligation and pay it directly to a creditor. In the event of divorce, garnishment may be used to pay child or classicalmusicmp3freedownload.com spousal maintenance.

However, there are some situations in which a veteran's disability benefits could be garnished. Most often, it is the case of a veteran who has waived his retirement from the military in order to receive disability compensation. In these instances the amount of pension allocated to disability payments may be garnished for family support obligations.

In other situations veterans' benefits could be withdrawn to cover medical expenses or past due federal student loans. In these cases a judge can refer a case directly to the VA to obtain the information they require. It is vital for disabled veterans disability law firm to retain a knowledgeable lawyer to ensure that their disability benefits are not garnished. This will stop them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help to veterans and their families. However they do come with their own set complications. For instance in the event that a veteran gets divorced and is awarded an VA disability settlement, they should be aware of what this means for their benefits.

In this context, a major question is whether or not disability payments are considered assets that could be divided in a divorce. This question has been answered 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 issue is how disability benefits are treated in the context of child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. Certain states take 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.

Finally, it is important that veterans understand how their disability benefits will be affected when they get divorced and how their ex-spouses may affect their compensation. By being aware of these issues, veterans can protect their compensation and avoid unintended consequences.