The Three Greatest Moments In Veterans Disability Litigation History

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man, is permanently disabled as a result of his military service. He receives a monthly pension 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. However, it could have an impact on the other sources of income he has.

Can I get compensation in the event of an accident?

You could be eligible for a settlement if have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement will allow you to receive compensation for your medical bills, lost wages and other costs resulting from your injury or illness. The kind of settlement you will receive will depend on whether your injury or illness is a result of a service connection, the VA benefits you are eligible for, and the cost to treat your accident or injury.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. Jim does not have enough work space to qualify for Social Security Disability benefits, however, he is able to claim the VA Pension, which provides free medical treatment and cash depending on the financial needs of his. He wants to be aware of how a personal injuries settlement will affect his eligibility to receive this benefit.

The answer depends on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements involve installments over time rather than one payment. The amount that defendant pays is calculated to offset the existing VA benefits. However, a lump sum settlement will probably affect any existing benefits because the VA considers it income and will annualize it. In any case, if there are excess assets are left over after the twelve month period when the settlement is annualized Jim could reapply for the pension benefit, but only if his assets fall less than a minimum threshold that the VA agrees establishes financial need.

Do I require an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its impact on the financial aspects of divorce cases. Among other things, some people think that the Department of veterans disability law firm Affairs' compensation payments are able to be divided like a military pension a divorce or that they are "off limits" when it comes to calculation of child support and Alimony. These misconceptions can lead to serious financial errors.

While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans get the assistance of a professional lawyer. A skilled veteran's disability lawyer can examine your medical documents and gather the required evidence to support your case to the VA. The lawyer will also be able to file any appeals that you require to secure the benefits you are entitled to.

Most VA disability lawyers do not charge for consultations. Additionally that the lawyer will normally be paid by the government directly out of your award of retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly state the proportion of retroactive benefits to be paid to your lawyer. For instance, a fee agreement can provide that the government can pay the lawyer up to 20% of the retroactive benefits or give. You will be accountable for any additional costs.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. The funds are meant to alleviate the effects of illnesses, injuries or disabilities that have been sustained or aggravated during a veteran's time of service. As with all income, veterans disability law firms [plantsg.com.sg] disability benefits could be subject to garnishment.

Garnishment is a legal action that permits a court to order an employer or government agency to deduct funds from the pay of someone who owes money, and then send them directly to the creditor. In the case of divorce, garnishment can be used to pay spousal or child support or child support.

There are situations where veterans' benefits could be garnished. The most common scenario is those who have renounced their military retirement in order to claim disability compensation. In these cases the amount of pension apportioned to disability pay may be garnished for family support obligations.

In other circumstances it is possible for a veteran's benefits to be withdrawn to cover medical expenses or past due federal student loans. In these cases the court could go directly to the VA to obtain the information they need. The disabled veteran should consult an experienced lawyer to protect their disability benefits. This will prevent them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans as well as their families. However, they come with specific complications. If a veteran divorces and receives an VA settlement it is important to be aware of what this might do to the benefits they receive.

A major issue in this regard is whether disability payments count as divisible assets in a divorce. This question has been resolved in two ways. A Colorado court of appeals ruling declared that VA disability payments were not property and could not be divided this manner. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability benefits for Alimony was against the USFSPA.

Another concern related to this subject is the treatment of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. Some states have different methods. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds disability payments to take into account that they are tax free.

It is also important to know how divorce affects their disability benefits and how ex-spouses can garnish their compensation. By being aware of these questions, veterans can guard their earnings and avoid any unwanted consequences.