This Week s Most Popular Stories About Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled as a result of his time in the military. He gets a monthly pension from the Department of Veterans Affairs.

He would like to know how a jury award will affect his VA benefits. The answer is that it will not. However, it will affect the other sources of income he earns.

Can I Receive Compensation for an Accident?

You could be eligible for a settlement if were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement will help pay you for medical bills, lost income, and other expenses that resulted from your injury or sickness. The kind of settlement you'll be able to receive depends on whether your condition is service-connected or non-service connected, which VA benefits you qualify for, and what your accident or injury will cost to treat.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He doesn't have enough space for work to be eligible for veterans disability law Firms Social Security Disability benefits, but he has an VA Pension that offers cash and medical treatment for free based on his financial need. He would like to know if a personal injury settlement could affect his ability to receive this benefit.

The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are based on payments over time rather than one lump sum payment. The amount paid by the defendant is calculated to offset the existing VA benefits. A lump sum payment can impact any existing VA benefits since the VA will annually assess and count it to be income. If Jim has assets that are not used up after the settlement has been annualized the applicant can apply again to be eligible for the pension benefit. However, his assets must be below a minimum threshold that the VA has agreed establishes financial necessity.

Do I really need to hire an attorney?

Many spouses, service members, and former spouses have questions about VA disability payments and their effect on financial issues in divorce. Some people think, for instance, that Department of Veterans Affairs compensation payments can be split as an army retirement in divorce cases or that they're "off limits" in calculating child support and alimony. These misconceptions may lead to grave financial errors.

It is possible to file an application for disability benefits on your own however, the majority of disabled veterans would require the help of a qualified lawyer. A veteran's disability attorney will examine your medical records in order to gather the evidence required to present a convincing argument before the VA. The lawyer can also file any appeals you may need in order to get the benefits you are entitled to.

Moreover, most VA disability lawyers don't charge fees for consultations. The government will also pay the lawyer directly from your amount of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly state the amount of retroactive benefits that will be paid to your lawyer. For instance your fee agreement may provide that the government can pay the attorney up to 20% of the retroactive benefits or provide. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The purpose of the payments is to compensate for some of the effects of diseases, disabilities, or injuries sustained during or aggravated by a veteran's military service. The benefits for veterans with disabilities are subject to garnishment as is any other income.

Garnishment allows a court order that an employer or government agency stop cash from the pay of a person who owes the debt and pay it directly to the creditor. In the event of divorce, garnishment can be used for child or spousal maintenance.

There are situations where veterans' benefits could be garnished. The most common scenario is veterans disability Law firms - ivimall.com, who have waived their military retirement in order to claim disability compensation. In these scenarios the amount of pension that is devoted to disability benefits can be garnished in order to meet family support obligations.

In other instances, a veteran's benefit may be garnished in order to cover medical expenses or federal student loans that are over due. In these cases the court may be able to directly to the VA to get the required information. A disabled veteran should employ an experienced attorney to safeguard their disability benefits. This can prevent them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great aid to veterans disability lawsuit and their families. However they have their own set complications. For example the case where a veteran is divorced and is awarded an VA disability settlement, they must be aware of how this could affect their benefits.

In this case, a major Veterans Disability Law Firms question is whether disability payments count as assets that can be divided in divorce. This issue has been addressed in a couple of ways. A Colorado court of appeals decision decided that VA disability payments were not property and therefore could not be divided in this manner. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability payments to pay the purpose of alimony was in violation of USFSPA.

Another issue that is related to this subject is the treatment of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. However, certain states have taken a different approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then adds disability benefits to take into account that they are tax-free.

It is also crucial to know the impact divorce has on their disability benefits and how their spouses who divorced could slash their benefits. By being aware of these issues, vets can ensure their compensation and avoid unintended consequences.