Where Are You Going To Find Veterans Disability Litigation Be 1 Year From Now

How a Veterans Disability Settlement Can Affect a Divorce Case

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

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

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

You may be eligible to receive a settlement if you were a soldier but are now permanently disabled because of injuries or illnesses. This settlement could help you get compensation for medical bills, lost wages and other costs resulting from your illness or injury. The kind of settlement you can get depends on whether or not your health condition is non-service connected, what VA benefits you are eligible for, lawsuit as well as the amount your injury or accident will cost to treat.

Jim who is a 58-year veteran of Vietnam was diagnosed with permanent disabilities due to his two years of service. He does not have enough work space to be eligible for Social Security disability benefits but there is a VA Pension benefit that provides cash and free medical care based on financial need. He wants to be aware of how a personal injury lawsuit could affect his eligibility to receive this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements are settlements that are paid over a time period rather than in a single payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum payment can impact any existing VA benefits since the VA will annually calculate and consider it as income. In either case, if excess assets are left over after the 12 month period after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit, but only if his assets fall lower than a threshold with which the VA agrees establishes financial need.

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 the financial aspects of divorce cases. Some people think, for instance, that Department of Veterans Affairs compensation payments can be divided like a military retirement in divorce cases, or that they're "off limits" in calculating child support and alimony. These misconceptions may lead to serious financial errors.

It is possible to submit an application for disability benefits by yourself however, the majority of disabled donaldsonville veterans disability law firm will require the help of a skilled lawyer. A qualified veteran's disability lawyer can review your medical documents and gather the necessary evidence needed to build a strong case to the VA. The lawyer can also help to submit any appeals you require to receive the benefits you deserve.

Moreover, most VA disability lawyers do not charge fees for consultations. Additionally the lawyer will typically be paid by the government directly from your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly specify the percentage of retroactive benefits that will be paid to your lawyer. For instance 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 obligation.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The funds are intended to offset some of the effects of diseases, disabilities or injuries sustained or aggravated due to a veteran's military service. The benefits for veterans with disabilities are subject to garnishment just like other incomes.

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

There are certain situations where the benefits of a veteran can be garnished. Most often, it is the case of a veteran who waived his retirement from the military in order to receive disability compensation. In these cases the pension portion that is devoted to disability benefits can be garnished in order to cover the obligations of family support.

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

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent aid to veterans and their families. However they also come with specific complications. If a veteran gets divorced and receives a VA settlement and is eligible, they should be aware of the implications to the benefits they receive.

A major issue in this context is whether or not disability benefits are considered divisible assets in divorce. This question has been resolved in a variety of ways. A Colorado court of appeals ruling found that VA disability payments were not property and therefore could not be divided this way. Another way is through an U.S. Supreme Court ruling in Howell which held that garnishing a veteran's VA disability payments to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this topic is the treatment of disability benefits for child maintenance and support. Both the USFSPA, and the Supreme Court, prohibit states from counting disability benefits as income. However, some states have adopted an alternative approach. Colorado, for example, adds all sources of income together to determine the amount needed to support a spouse. The state then adds disability income to reflect their tax-free status.

Additionally, it is essential for veterans to know how their disability compensation will be affected if they get divorced and how their spouses' ex-spouses could garnish their compensation. By being informed about these issues, veterans can ensure their compensation as well as avoid any unintended consequences.