4 Dirty Little Secrets About Veterans Disability Litigation Industry Veterans Disability Litigation Industry

How a veterans disability lawyers Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled as a result of his service in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to be aware of whether a verdict by a jury will affect his VA benefits. The answer is not. It will, however, affect his other income sources.

Can I Get Compensation for an accident?

If you've been in the military, and are permanently disabled because of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can help compensate you for medical expenses, lost income and other expenses resulting from your injury or sickness. The type of settlement you are eligible for will depend on whether your injury or illness is related to service, what VA benefits you are eligible to receive, and the amount to treat your accident or injury.

Jim is a 58 year veteran of the Vietnam war was diagnosed with permanent disabilities as a result of his two years of service. He doesn't have enough work quarters to qualify for Social Security disability benefits but there is a VA Pension benefit which provides cash and medical treatment for free in accordance with financial need. He would like to be aware of whether a personal injury settlement would affect his ability receive this benefit.

The answer depends on if the settlement is a lump-sum or a structured one. 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 calculated to offset any existing VA benefits. A lump sum payment can affect any existing VA benefits because the VA will annually evaluate and consider it to be income. In the event that there are any excess assets are left over after the twelve month period after the settlement is annually recalculated, Jim could reapply for the pension benefit, but only if his assets fall less than a minimum threshold that the VA agrees establishes financial need.

Do I need to hire an Attorney?

Many spouses, service members and former spouses are concerned about VA disability benefits and their impact on financial issues in divorce. Some people believe that the Department of veterans disability lawsuits Affairs' compensation payments are able to be divided as a military pension in a divorce or that they are "off limits" in the calculation of child support and alimony. These misconceptions can lead to financial errors that have serious repercussions.

While it is possible to submit an initial claim for disability benefits on your own, many disabled Veterans Disability Law Firms can benefit from the assistance of an experienced attorney. A veteran's disability attorney can examine your medical records to gather the necessary evidence to make a strong case in front of the VA. The lawyer can also file any appeals that you might need to get the benefits you deserve.

Most VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from your payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly state the amount of retroactive benefits that will be paid to your lawyer. For example an agreement on fees could provide that the government can pay the attorney up to 20% of retroactive benefits or provide. Any additional amounts will be your to pay.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA it is in the form of monthly payments. The funds are meant to help offset the impact of injuries, diseases or disabilities that were suffered or worsened during the veteran's service. Like all income, the veterans disability benefits are subject to garnishment.

Garnishment is a court-ordered procedure that an employer or a government agency withhold money from the wages of a person who has an amount and then pay it directly to a creditor. In the case of divorce, garnishment can be used to pay for spousal support or child support.

There are situations where the benefits of a veteran could be garnished. The most frequent scenario involves a veteran who waived their military retirement to get disability compensation. In these instances the pension portion that is devoted to disability pay can also be garnished in order to pay for family support obligations.

In other instances, a veteran's benefits may also be garnished to pay for medical expenses or federal student loans that are over due. In these cases the court can go directly to the VA to obtain the information they require. The disabled veteran should consult an experienced attorney to secure their disability benefits. This will allow them to avoid having to depend on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous benefit for veterans and their families, but they don't come without their own set-of complications. For example the case where a veteran is divorced and is awarded a VA disability settlement, they must be aware of what effect this will have on the benefits they receive.

A major issue in this context is whether or not the disability payments are considered divisible assets in a divorce. This question has been answered in two ways. A Colorado court of appeals decision determined that VA disability payments were not property and could not be divided this manner. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability payments to pay an alimony payment was a violation of USFSPA.

Another issue that is related to this issue is the handling of disability benefits to children for maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from utilizing disability benefits as income. However, certain states have chosen to take the opposite approach. Colorado, for example, takes all income sources together to determine the amount needed to provide for a spouse. Colorado then adds disability income to account for their tax-free status.

It is also crucial that veterans understand how divorce will affect their disability compensation and how their ex spouses could take advantage of their compensation. By being aware of these issues, veterans can ensure their compensation and avoid any unintended consequences.