"Ask Me Anything:10 Answers To Your Questions About Veterans Disability Litigation

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 benefit from the Department of Veterans Affairs.

He wants to know if the jury's verdict will impact his VA benefits. The answer is not. It will, however, affect his other sources of income.

Can I Get Compensation in the event of an accident?

If you've been in the military and are now 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 costs that resulted from your injury or sickness. The type of settlement that 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 amount you will need to treat your accident or injury.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. He does not have enough work space to be eligible for Social Security disability benefits but there is a VA Pension benefit that provides cash and free medical assistance dependent on financial need. He would like to be aware of what the implications of a personal injury settlement could affect his eligibility to receive this benefit.

The answer will depend on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are those that are made over a time period rather than in a single payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will impact any existing VA benefits since the VA will annually evaluate and consider it income. If Jim has surplus assets after the settlement is annually adjusted the applicant can apply again to receive the Pension benefit. However the assets he has to be below a threshold the VA has determined to be a financial necessity.

Do I need to employ an attorney?

Many spouses, military personnel and former spouses have concerns about VA disability benefits and medina veterans Disability Lawyer their impact on money issues in divorce. There are many other reasons, but some people think that the Department of Veterans Affairs' compensation payments can be split like a pension from a military service in a divorce or that they are "off limits" in calculation of child support and Alimony. These misconceptions could lead serious financial errors.

While it is possible to submit an initial claim for disability benefits on your own, most disabled veterans can benefit from the help of a qualified lawyer. A veteran's disability attorney will examine your medical records in order to collect the evidence necessary to argue your case to the VA. The lawyer can also file any appeals that you might require to receive the benefits you are entitled to.

Most VA disability lawyers do not charge for consultations. In addition the lawyer will typically be paid by the government directly out of the retroactive past-due benefits. This is one of the benefits 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. A fee agreement could say that, for example, the government will pay the attorney up 20% of retroactive benefits. You will be accountable for any additional sums.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. The payments are intended to compensate for the effects of illnesses, injuries or disabilities sustained or aggravated by a veteran's service. The largo veterans disability attorney disability benefits are subject to garnishment just like any other income.

Garnishment can be a legal proceeding which allows a court require an employer or government agency to withhold funds from the pay of an employee who owes money and send them directly to an individual creditor. In the case of divorce, garnishment may be used to pay spousal support or child support.

There are certain situations where a veteran's benefits can be garnished. The most common scenario is that of a veteran who has waived his retirement from the military in order to receive disability compensation. In these instances the portion of the pension that is attributed to disability benefits could be garnished to meet family support obligations.

In other circumstances it is possible for a veteran's benefits to be garnished to pay for medical expenses or past due federal student loans. In these instances the court might be able to directly to the VA to obtain the necessary information. The disabled veteran should consult an experienced attorney to safeguard their disability benefits. This will prevent them from having to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous assistance to medina veterans disability Lawyer and their families. However they also come with certain complications. For example, if a veteran gets divorced and receives an VA disability settlement, they should be aware of how this could affect their benefits.

In this regard the most important question is whether disability payments are considered to be assets that can be split in divorce. This issue has been settled in a variety of ways. A Colorado court of appeals ruling decided that VA disability payments were not property and could not be divided this way. Another way is through an U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability benefits to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this issue is the treatment of disability benefits for child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. Certain states take a different approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then pluses up the disability benefits to take into the fact that they are tax-free.

It is also crucial that veterans understand how divorce will affect their disability benefits and how ex-spouses can garnish their compensation. By being aware of these issues, veterans can safeguard their compensation and avoid unwanted consequences.