14 Smart Ways To Spend Extra Veterans Disability Litigation Budget

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled due to his service in the military. He is able to receive a monthly pension from the Department of Veterans Affairs.

He wants to know how the verdict of a jury will impact his VA benefits. The answer is that it will not. However, it will affect the other sources of income he earns.

Do I have the right to receive compensation for an accident?

If you've served in the military and are permanently disabled as a result 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 you can receive will depend on whether your injury or illness is related to service, what VA benefits you are eligible for, as well as the cost to treat your accident or injury.

Jim, a 58 year old Vietnam veteran was diagnosed with permanent disabilities due to his two years of service. He isn't in a position to have enough space for work to be eligible for Social Security Disability benefits, but he has an VA Pension that offers cash and medical care for free depending on the financial needs of his. He would like to know if a personal injury settlement would affect his ability get this benefit.

The answer will depend on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements require the payment of over time rather than one lump sum payment. The amount that defendant pays is calculated to offset existing VA benefits. In contrast, a lump sum settlement will probably affect existing benefits since the VA considers it to be income and will annually calculate it. If Jim has assets that are not used up after the settlement is annually adjusted, he can reapply to be eligible for the pension benefit. However the assets he has to be less than a certain threshold that the VA has determined to be a financial necessity.

Do I have to hire an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and the impact it has on money issues in a divorce case. 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 divorce or are "off limits" in the calculation of child support and Alimony. These misconceptions can lead to financial mistakes that have serious consequences.

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 lawyer. A veteran's disability lawyer can examine your medical records to gather the evidence required to make a strong case in front of the VA. The lawyer can also file any appeals you may require to receive the benefits you are entitled to.

The majority of VA disability lawyers do not charge for consultations. In addition that the lawyer will normally be paid by the government directly out of the retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will be paid should be outlined in your fee agreement. A fee agreement may stipulate, for example, that the government will give the attorney up to 20 percent of retroactive benefits. Any additional amounts will be your to pay.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA the compensation is paid in the form of monthly payments. These payments are designed to offset some of the effects of diseases, disabilities or injuries sustained or aggravated during a veteran's military service. Like all incomes, benefits for Cusseta Veterans Disability Lawsuit veterans with disabilities are subject to garnishment.

Garnishment lets a court order that an employer or government agency stop money from the pay of a person who has an amount and then pay it directly to a creditor. In the event of divorce, the garnishment could be used for child or spousal maintenance.

However, there are some situations in which a veteran's disability benefits may be refunded. The most common situation involves those who have renounced their military retirement to get disability compensation. In these situations, the portion of the pension that is attributed to disability benefits may be garnished for family support obligations.

In other situations, veteran's benefits could be seized to pay for medical expenses or federal student loans that are over due. In these cases, a court can go directly to the VA for the information they require. A disabled veteran should employ an experienced attorney to safeguard their disability benefits. This will help them avoid having to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge assistance to socorro veterans disability Law firm - Vimeo.com, and their families, however they don't come without their own set of issues. For example in the event that a veteran gets divorced and receives an VA disability settlement, they should be aware of how this could affect their benefits.

In this case the most important question is whether or not disability payments are considered assets which can be divided during a divorce. This question has been resolved in a couple of ways. One method is a Colorado court of appeals decision that found that VA disability payments are not property, and therefore cannot be divided in that way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability benefits for the purpose of alimony was in violation of USFSPA.

Another issue that is related to this issue 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. However, certain states have chosen to take different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds the disability payments to take account that they are tax-free.

It is also important for columbus veterans disability attorney to understand how their disability compensation will be affected when they get divorced and how their spouses' ex-spouses could take advantage of their benefits. By being knowledgeable about these issues, veterans can ensure the security of their compensation and avoid unintended consequences.