Three Greatest Moments In Veterans Disability Litigation History

How a penn yan veterans disability attorney Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled due to his military service. He is able to receive a monthly pension from the Department of Veterans Affairs.

He wants to know how the verdict of a jury will impact his VA benefits. The answer is not. However, it will have an impact on the other sources of income he earns.

Can I get compensation for an accident?

You could be eligible for a settlement if served in the military but are now permanently disabled as a result of injuries or illnesses. This settlement can assist in compensating you for medical expenses, lost income and other expenses that resulted from your injury or sickness. The kind of settlement you can receive will depend on whether your condition is service-connected or non-service connected, what VA benefits you are eligible for, and how much your injury or accident will cost to treat.

Jim, a 58-year veteran of Vietnam, was diagnosed as having permanent disabilities due to his two years of service. He doesn't have enough space for work to be eligible for Social Security Disability benefits, however, he is able to claim a VA Pension that provides free medical care and cash based on his financial need. He wants to know how a personal injuries settlement will affect his eligibility to receive this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements are payments made over a time frame instead of in one payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment will affect any existing VA benefits as the VA will annualize and consider it as income. In any event, if extra assets are left after the period of twelve months after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit but only if his assets fall below a certain threshold that the VA is able to agree establishes financial need.

Do I really need to hire an Attorney?

Many service members, spouses, and former spouses have questions about VA disability payments and their impact on financial issues during divorce. Some people believe, among other things, that Department of Veterans Affairs compensation payments can be split as military retirements in divorce cases or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

It is possible to submit a claim for disability benefits yourself however, the majority of disabled veterans will benefit from the assistance from a competent lawyer. A skilled veteran's disability lawyer can review your medical records and gather the necessary evidence to support your case at the VA. The lawyer can also file any appeals that you may require to receive the benefits you deserve.

Additionally, lawyers the majority of VA disability lawyers charge no fees for consultations. The government also pays the lawyer directly from the amount of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will be paid should be clearly outlined in your fee agreement. For instance, a fee agreement can provide that the government can pay the attorney up to 20% of retroactive benefits or award. You are responsible for any additional costs.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA, it comes in the form of monthly payments. The funds are meant to offset the effects of injuries, diseases or disabilities sustained or aggravated by a veteran's time of service. Like all income, the veterans disability benefits can be subject to garnishment.

Garnishment allows a court order that an employer or a government agency withhold funds from the paycheck of a person who owes an amount and then pay it directly to the creditor. In the event of a divorce the garnishment could be used for child or spousal support.

However, there are certain circumstances where a veteran's disability benefits can be refunded. The most common scenario is those who have renounced their military retirement in order to receive disability compensation. In these situations the amount of pension that is devoted to disability payments can be garnished to cover the obligations of family support.

In other situations, veteran's benefits may also be garnished to pay for medical expenses or federal student loans that are past due. In these situations the court could go directly to the VA for the information they need. A disabled veteran should hire an experienced attorney to protect their disability benefits. This will allow them to avoid having to depend on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major assistance to veterans and their families, but they don't come without their own set of challenges. For example in the event that a veteran gets divorced and is awarded a VA disability settlement, they should be aware of what this means for their benefits.

A major issue in this context is whether or not the disability payments are considered to be divisible assets in a divorce. This question has been resolved in a variety of ways. One option is an Colorado court of appeals decision that found that VA disability payments are not property and cannot be divided in that way. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability benefits for Alimony was against the USFSPA.

Another concern with this topic is the treatment of disability benefits for child support and maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from claiming disability benefits as income. However, some states have adopted an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then pluses up the disability payments to take into the fact that they are tax-free.

In the end, it is crucial for lake zurich veterans disability lawyer to know how their disability benefits will be affected when they get divorced and how their spouses who divorced them can affect their compensation. By being informed about these issues, vets can ensure their compensation as well as avoid any unintended consequences.