14 Savvy Ways To Spend On Leftover Veterans Disability Litigation Budget

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 gets a monthly pension from the Department of Veterans Affairs.

He wants to know how a jury award will affect his VA benefits. It won't. It will, however, have an impact on his other sources of income.

Do I have the right to receive compensation in the event of an accident?

If you have served in the military but are now permanently disabled due to injuries or illnesses, you may be eligible for a veterans disability lawyers disability settlement. This settlement can help compensate you for medical bills, lost income and other expenses that resulted from your injury or sickness. The type of settlement that you could receive will depend on whether or not your injury or illness is related to service, what VA benefits you are eligible for, and the amount you will need to treat your injury or accident.

Jim who is a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities due to his two years of service. He does not have enough working space to be eligible for Social Security disability benefits but the VA Pension benefit, which offers medical care and cash that is based on financial need. He would like to know what the implications of a personal injury settlement can affect his ability to be eligible for this benefit.

The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements require the payment of over time, rather than one 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. If Jim has assets that are not used up after the settlement has been annualized, he can reapply to be eligible for the pension benefit. However the assets must be below a threshold the VA has agreed establishes financial necessity.

Do I really need to hire an Attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on financial issues in divorce cases. Some people believe, among other things, that Department of Veterans Affairs compensation payments can be split as the military retirement in divorce cases, or that they're "off limits" when it comes to calculating child support and alimony. These misconceptions can lead to serious financial mistakes.

It is possible to file an application for disability benefits on your own however, the majority of disabled veterans would require the help of a skilled lawyer. A veteran's disability attorney will look over your medical records and collect the evidence necessary to argue your case in front of the VA. The lawyer can also file any appeals you might need to get the benefits you deserve.

The majority of VA disability lawyers do not charge for consultations. The government will also pay the lawyer directly from the award of retroactive benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should specify clearly the proportion of retroactive benefits to be paid to your lawyer. A fee agreement could stipulate that, for instance, the government will provide the attorney with 20% of retroactive benefits. Any additional amount is your responsibility.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The funds are intended to alleviate some of the effects of diseases, disabilities or injuries sustained or aggravated due to a veteran's military service. The benefits for veterans with disabilities are subject to garnishment, like any other income.

Garnishment is a legal action that allows a judge to make an order to an employer or government agency to take money from the pay of someone who owes money, and then send them directly to the creditor. In the case of divorce, garnishment may be used to pay spousal support or child support.

There are some situations where the benefits of a veteran could be garnished. The most common situation involves veterans disability attorney who have waived their military retirement in order to receive disability compensation. In these situations, the amount of pension allocated to disability payments can be garnished to pay family support obligations.

In other circumstances, veteran's benefits may also be garnished in order to pay medical bills or federal student loans that are over due. In these situations, a court may be able to directly to the VA to get the required information. It is crucial for a disabled veteran to find a competent lawyer to ensure that their disability benefits aren't garnished. 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 tremendous help to veterans and their families. However they have their own set of complications. If a person divorces and receives an VA settlement then they must be aware of the implications to the benefits they receive.

In this case, the main question is whether or not disability benefits are considered assets that can be split in divorce. This question has been answered in two ways. One is through a Colorado court of appeals decision which concluded that VA disability payments are not property, and therefore cannot be divided in that way. The other way is by an U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability payments to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this issue is how disability benefits are interpreted for purposes of child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from counting disability benefits as income. Certain states employ an alternative approach. Colorado for instance, adds all income sources together to determine the amount required to support a spouse. It then adds on disability payments to reflect their tax-free status.

It is also important that veterans know the impact divorce has on their disability benefits and how their ex spouses could slash their benefits. By being knowledgeable about these issues, veterans can protect their earnings and avoid any unwanted consequences.