The Most Pervasive Problems In Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man is permanently disabled because 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 affect his VA benefits. It won't. But it will have some impact on the other sources of income he has.

Can I receive compensation for an accident?

If you've served in the military, and are permanently disabled as a result of injuries or illnesses, you may be eligible for a dowagiac veterans disability law firm disability settlement. This settlement could help you get compensation for medical bills, lost wages and other expenses that result from your illness or injury. The type of settlement you can receive depends on whether your condition is service-connected or non-service connected, which VA benefits you qualify for, and the amount your accident or injury will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He does not have enough space for work to be eligible for Social Security Disability benefits, however, he can claim a VA Pension that provides cash and medical treatment for free dependent on the amount of money he needs. He wants to know what the implications of a personal injury settlement can affect his ability to benefit from this benefit.

The answer depends on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements consist of installments over time, rather than one payment. The amount paid by the defendant is calculated to offset the existing VA benefits. A lump sum payment will impact any existing VA benefits as the VA will annualize and consider it as income. In any case, if there are excess assets are left over after the 12 month period when the settlement is annualized Jim may be eligible to apply again for the pension benefit, but only if his assets are lower than a threshold with which the VA determines to be a financial need.

Do I Need to Hire an attorney?

Many spouses, members of the military and former spouses have questions about VA disability benefits and their impact on money issues in divorce. Some people believe, among other things that Department of danbury veterans disability attorney Affairs compensation payments can be divided like military retirements in divorce cases or that they're "off limits" when it comes to calculating child support and Dowagiac Veterans Disability Law Firm alimony. These misconceptions could lead to financial mistakes that have serious consequences.

While it is possible to file an initial claim for disability benefits on your own, most disabled veterans can benefit from the assistance of a skilled lawyer. A disability attorney for veterans can look over your medical records and gather the necessary evidence to argue your case in front of the VA. The lawyer can also file any appeals you might require to receive the benefits you deserve.

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 an advantage of the Equal Access to Justice Act. The fee agreement should specify clearly the amount of retroactive benefits to be paid to your lawyer. A fee agreement could stipulate that, for instance, the government will give the attorney up to 20 percent of retroactive benefits. You will be responsible for any additional sums.

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 sustained or aggravated during the course of a veteran's time of service. The veterans disability benefits are subject to garnishment, just like any other income.

Garnishment is a court-ordered procedure that an employer or a government agency withhold money from the pay of a person who is in the process of paying a debt and send it directly to a creditor. In the event of divorce, garnishment can be used to pay child or spousal care.

There are a few situations in which a veteran's benefits can be repaid. The most frequent scenario involves the veteran who has waived their military retirement in order to receive disability compensation. In these situations, the amount of pension that is attributed to disability benefits could be garnished to meet family support obligations.

In other instances, a veteran's benefits can be seized to pay medical expenses or past-due federal student loans. In these situations the court may be able to directly to the VA to get the required information. A disabled veteran should seek out an experienced attorney to secure their disability benefits. This will prevent them from having to depend on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help to veterans and their families. However, they come with certain complications. If a person divorces and receives a VA settlement then they must be aware of what this might do to their benefits.

One of the major issues in this context is whether disability payments count as divisible assets in divorce. This issue has been settled in a couple of ways. One option is the Colorado court of appeals decision, which found that VA disability payments are not property and can't be divided in this way. Another way is through a U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability payments to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue related to this subject is how disability benefits are interpreted in the context of child maintenance and Dowagiac Veterans Disability Law Firm support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. However, certain states have taken a different approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then adds disability payments to take into the fact that they are tax-free.

It is also essential that veterans know the impact divorce has on their disability compensation and how ex-spouses could slash their benefits. By being aware of these issues, vets can protect their income as well as avoid unintended consequences.