What s The Current Job Market For Veterans Disability Litigation Professionals

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled because of his military service. He receives a monthly pension from the Department of veterans disability law firms Affairs.

He wants to find out if a verdict from a jury will impact his VA benefits. It will not. However, it could have an impact on the other sources of income he has.

Can I Receive Compensation for an Accident?

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

Jim is a 58 year veteran of Vietnam, was diagnosed as having permanent disabilities due to his two years of service. He doesn't have enough work quarters to qualify for Social Security disability benefits but the VA Pension benefit, which offers cash and free medical assistance dependent on financial need. He would like to determine if a personal accident settlement would affect his eligibility to get this benefit.

The answer is contingent upon whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are settlements that are paid over a long period of time rather than a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. A lump sum payment can impact any existing VA benefits because the VA will annually evaluate and consider it as income. In any event, if extra assets are left after the twelve month period after the settlement is annually recalculated, Jim could reapply for the Pension benefit but only if his assets are below a certain threshold that the VA agrees establishes financial need.

Do I Need to Hire an Attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its effect on the financial aspects of a divorce case. In addition, some people think that the Department of Veterans Affairs' compensation payments are able to be divided like a military pension in divorce or are "off limits" when it comes to calculation of child support and Alimony. These misconceptions can result in financial mistakes that can have grave consequences.

It is possible to submit an application for disability benefits on your own However, most disabled veterans will require the help of a qualified lawyer. A veteran's disability attorney can review your medical records to gather the evidence needed to prove your argument before the VA. The lawyer will also be able to make any appeals you need to get the benefits you're entitled.

Moreover, most VA disability lawyers charge no fees for consultations. The government will also pay the lawyer directly from your amount of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly specify the proportion of retroactive benefits that will be paid to your lawyer. For example, a fee agreement can stipulate that the government will pay the attorney up to 20% of retroactive benefits or pay. The attorney is responsible for any additional costs.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA it is received in the form of monthly payments. The purpose of the payments is to offset the effects of injuries, illnesses or disabilities sustained or aggravated by a veteran's service. Like other income sources, veterans disability benefits can be subject to garnishment.

Garnishment lets a court order that an employer or government agency withhold funds from the paycheck 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 support.

There are some situations where veterans' benefits could be garnished. The most frequent is the veteran who renounced his military retirement in order to receive disability compensation. In these scenarios the pension portion that is devoted to disability benefits can be garnished in order to pay for family support obligations.

In other circumstances, a veteran's benefits can be withdrawn to cover medical expenses or past-due federal student loans. In these cases the court could go directly to the VA for the information they need. The disabled veteran should consult an experienced lawyer to protect their disability benefits. This can help them avoid being forced to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big assistance to veterans and their families, however they're not without their own set of issues. For example when a veteran is divorced and is awarded an VA disability settlement, they should know what effect this will have on the benefits they receive.

One of the major issues in this context is whether or not the disability payments count as divisible assets in a divorce. This issue has been addressed 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. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability benefits for alimony was a violation of USFSPA.

Another issue that is related to 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 utilizing disability benefits as income. Certain states take a different approach. Colorado, for example, adds all income sources together to determine the amount required to support a spouse. The state then adds disability payments to account for their tax-free status.

It is also essential that veterans are aware of the impact divorce has on their disability compensation and how their ex spouses can slash their income. By being knowledgeable about these issues, veterans can ensure the security of their compensation and avoid unwanted consequences.