You Will Meet One Of The Veterans Disability Litigation Industry s Steve Jobs Of The Veterans Disability Litigation Industry

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled due to his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.

He would like to know how the jury's verdict will impact his VA benefits. It will not. However, it will have an impact on his other sources of income.

Can I claim compensation for an accident?

If you've served in the military but are now permanently disabled due to injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement could help you get compensation for medical bills, lost wages, and other costs resulting from your illness or injury. The type of settlement you are eligible for will depend on whether or not your injury or illness is service-connected, what VA benefits you are eligible for, and the cost to treat your accident or injury.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He doesn't have enough work quarters to qualify for Social Security disability benefits but He does have a VA Pension benefit that provides cash and free medical care that is based on financial need. He would like to be aware of how a personal injury lawsuit can affect his ability to receive this benefit.

The answer is dependent on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are based on payments over a period of time instead of one lump sum payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum settlement will affect any existing VA benefits as the VA will annually evaluate and consider it to be income. If Jim has surplus assets after the settlement has been annualized and he wants to reapply, he will receive the Pension benefit. However, his assets must be below a threshold the VA has set that establishes financial necessity.

Do I have to hire an attorney?

Many service members, spouses and former spouses are concerned about VA disability benefits and their effect on financial issues in divorce. Among other things, some people believe that the Department of Veterans Affairs' compensation payments can be divided like a pension from a military service in a divorce or that they are "off limits" in the calculation of child support and Alimony. These misconceptions could lead serious financial errors.

While it is possible to do an initial claim for disability benefits on your own, the majority of disabled veterans require the help of a qualified attorney. A veteran's disability attorney will review your medical records to gather the necessary evidence to argue your case to the VA. The lawyer can also help to make any appeals you require to secure the benefits you're entitled to.

In addition, the majority of VA disability lawyers don't charge fees for consultations. The government will also pay the lawyer directly from your benefit of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will receive should be clearly outlined in your fee agreement. For instance an agreement on fees could provide that the government can pay the lawyer up to 20% of the retroactive benefits or pay. The attorney is responsible for any additional amount.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. These payments are designed to alleviate the effects of diseases, injuries or disabilities sustained or aggravated during the course of a veteran's service. Like all incomes, veterans disability benefits are subject to garnishment.

Garnishment lets a court order that an employer or a government agency withhold cash from the pay of a person who is in the process of paying an obligation and pay it directly to a creditor. In the case of a divorce, garnishment could be used to pay for spousal support or child support.

However, there are certain circumstances where a veteran's disability benefits can be refunded. The most common scenario is that of a veteran who has waived his military retirement in order to receive disability compensation. In these cases, the portion of pension that is devoted to disability payments can be garnished to pay for family support obligations.

In other circumstances, veteran's benefit may be garnished in order to pay medical expenses or federal student loans that are over due. In these instances, a court can go directly to the VA to obtain the information they require. It is essential for a disabled veteran to work with a reputable attorney to ensure that their disability benefits aren't being snatched away. This can stop them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous assistance to veterans and their families. However, they come with their own set complications. If a person divorces and receives a VA settlement and is eligible, they should be aware of the implications to their benefits.

One of the major issues in this regard is whether disability payments are considered divisible assets in a divorce. This issue has been settled in a variety of ways. One option is a Colorado court of appeals decision, which found that VA disability payments are not property and can't be divided in that way. Another way is through an U.S. Supreme Court ruling in Howell which held that garnishing a veteran's VA disability payments to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this topic is the treatment of disability benefits to children for maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from counting disability benefits as income. However, certain states have taken different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then adds up the disability payments to take into account that they are tax-free.

It is also essential that veterans disability lawsuits know how divorce can affect their disability compensation and how their spouses who divorced can slash their income. By being informed about these issues, vets can ensure their compensation and avoid any unintended consequences.