Why Nobody Cares About Veterans Disability Litigation

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

Jim's client, a 58-year-old man is permanently disabled as a result of his military service. 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 his other income sources.

Can I Receive Compensation for an accident?

You may be eligible for a settlement if were a soldier but are now permanently disabled because of injuries or illnesses. This settlement will pay you for medical expenses, lost income and other expenses resulting 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 cost to treat your injury or accident.

Jim is a 58 year veteran of the Vietnam war, was diagnosed as having permanent disabilities as a result of his two years of service. He does not have enough working space to be eligible for Social Security disability benefits but there is a VA Pension benefit, which offers cash and free medical assistance based on financial need. He wants to find out if a personal injury settlement could affect his ability to get this benefit.

The answer depends on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements require the payment of over time, rather than one lump sum payment. The amount paid by the defendant 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. In any event, if extra assets are left over after the 12 month period when the settlement has been annualized Jim could reapply 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 have to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its impact on financial issues in divorce cases. Some people think, for instance, that Department of Veterans Affairs compensation payments can be split as an army retirement in divorce proceedings or that they're "off limits" in calculating child support and alimony. These misconceptions can lead to serious financial mistakes.

While it is possible to do an initial claim for disability benefits on your own, the majority of disabled veterans require the assistance of a professional attorney. A veteran's disability attorney will examine your medical records in order to gather the evidence needed to prove your case in front of the VA. The lawyer can also file any appeals you might need to receive the benefits you deserve.

Furthermore, the majority of VA disability lawyers do not charge fees 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 clearly specify the amount of retroactive benefits that will be paid to your lawyer. For example the fee agreement could state that the government will pay the attorney up to 20% of retroactive benefits or pay. Any additional amounts will be your the responsibility of the attorney.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The funds are meant to help offset the impact of illnesses, injuries or disabilities that were sustained or aggravated during a veteran's service. The veterans disability lawyers disability benefits are subject to garnishment, just like other incomes.

Garnishment permits a court order that an employer or government agency withhold money from the pay of an individual who owes the debt and pay it directly to the creditor. In the event of a divorce garnishment can be used for child or spousal care.

However, there are a few situations in which a veteran's disability benefits may be repaid. The most frequent is the veteran who has renounced his military retirement to receive disability compensation. In these cases, the portion of the pension that is allocated to disability pay can be garnished for family support obligations.

In other cases the benefits of a veteran can be garnished to pay for medical expenses or past due federal student loans. In these instances, a court can go directly to the VA for the information they require. It is essential for disabled veterans to retain a knowledgeable lawyer to ensure that their disability benefits are not being snatched away. This will prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous assistance to veterans disability law firms (click through the up coming page) and their families. However they do come with their own set of complications. If a veteran is divorced and receives a VA settlement it is important to be aware of the implications to their benefits.

One of the major veterans disability Law firms issues in this regard is whether or not the disability benefits are considered divisible assets in divorce. This issue has been settled in a couple of ways. One is through an Colorado court of appeals decision which concluded that VA disability payments are not property and can't be divided in this way. Another way is through the U.S. Supreme Court ruling in Howell which held that garnishing the veteran's VA disability benefits to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this issue is the handling of disability benefits to children for maintenance and veterans disability Law firms support. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. However, certain states have adopted an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds the disability payments to take into the fact that they are tax-free.

In the end, it is crucial for veterans to be aware of how their disability benefits will be affected when they get divorced and how their spouses who divorced them can affect their compensation. By being knowledgeable about these issues, veterans can ensure the security of their benefits and avoid unintended consequences.