4 Dirty Little Tips About 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 as a result of his military service. He receives a monthly pension from the Department of veterans disability lawyer Affairs.

He wants to be aware of whether a verdict by a jury will affect his VA benefits. It won't. However, it will have an impact on his other sources of income.

Can I get compensation for an accident?

If you've been in the military and are permanently disabled because of injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement can assist in compensating you for medical bills, lost income and other expenses resulting from your illness or injury. The type of settlement you can receive depends on whether your condition is service-connected or not connected, what VA benefits you qualify for, as well as the amount your accident or injury will cost to treat.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He does not have enough working space to qualify for Social Security disability benefits but there is a VA Pension benefit that offers cash and free medical care that is based on financial need. He wants to be aware of whether a personal injury settlement could affect his ability to receive this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements require installments over time instead of a single payment. The amount paid by the defendant is calculated to offset the existing VA benefits. A lump sum payout will likely alter any existing benefits as the VA considers it a tax-deductible income and will annually increase it. In any event, if extra assets are left after the period of twelve months when the settlement is annualized Jim may be eligible to apply again for the Pension benefit but only if his assets fall lower than a threshold with which the VA accepts as establishing financial need.

Do I Need to Hire an Attorney?

Many service members, spouses, and former spouses have concerns about VA disability benefits and their impact on money issues during a divorce. Some people think that the Department of Veterans Affairs' compensation payments can be divided like a military pension a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions can result in financial mistakes that can have grave consequences.

It is possible to submit a claim for disability benefits yourself However, most disabled veterans disability law firms would benefit from the assistance of a professional lawyer. A skilled veteran's disability lawyer will examine your medical records and gather the necessary evidence needed to build a strong case at the VA. The lawyer can also file any appeals that you might need to get the benefits you are entitled to.

Additionally, the majority of VA disability lawyers charge no fees for consultations. The government will also pay the lawyer directly from the payment 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 outlined in your fee agreement. For example an agreement on fees could specify that the government will pay the lawyer up to 20% of the retroactive benefits or give. You are responsible for any additional sums.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA, it comes in the form of monthly payments. The payments are meant to alleviate some of the effects of diseases, disabilities or injuries that are sustained or aggravated by the veteran's military service. As with all income, benefits for veterans with disabilities are subject to garnishment.

Garnishment is a legal procedure which allows a court make an order to an employer or government agency to take money from the paycheck of a person who owes money and transfer them directly to the creditor. In the event of a divorce, garnishment could be used to pay spousal support or child support.

However, there are a few situations in which a veteran's disability benefits can be refunded. The most common scenario involves veterans who have waived their military retirement to get disability compensation. In these situations, the portion of the pension apportioned to disability pay could be garnished to meet family support obligations.

In other instances veterans' benefits could be seized to pay medical expenses or past due federal student loans. In these instances a court may be able to directly to the VA to obtain the necessary information. It is important for a disabled veteran to work with a reputable lawyer to ensure that their disability benefits are not being snatched away. This will prevent them from having to depend on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge benefit for veterans and their families, however they don't come without their own set of challenges. For instance in the event that a veteran gets divorced and is awarded a VA disability settlement, they must be aware of what this means for their benefits.

In this regard, the main question is whether disability payments are considered assets that can be divided in divorce. This question has been resolved in a couple of ways. One is through a Colorado court of appeals decision, which found that VA disability payments are not property and cannot be divided as such. 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 concern that is related to this topic is how the disability benefits are treated in the context of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. Certain states take an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then pluses up the disability payments to take into account that they are tax free.

It is also important that Veterans Disability Law Firms understand how their disability benefits will be affected if they become divorced and how their ex-spouses can affect their compensation. By being aware of these issues, veterans can protect their compensation and avoid any unintended consequences.