5 Laws That Anyone Working In Veterans Disability Litigation Should Be Aware Of

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 from the Department of Veterans Affairs.

He wants to know if a verdict of a juror users.atw.hu will affect his VA benefits. It won't. However, it will have an impact on his other sources of income.

Do I have the right to receive compensation in the event of an accident?

You could be eligible for a settlement if have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement could help you receive compensation for your medical expenses, lost wages, and other expenses related to your illness or injury. The kind of settlement you can receive depends on whether your condition is service-connected or not connected, which VA benefits you qualify for, and the amount your injury or accident will cost to treat.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. He hasn't got enough work space to qualify for Social Security disability benefits but he does have a VA Pension benefit, which offers cash and medical treatment for free in accordance with financial need. He wants to learn how a personal injury lawsuit can affect his ability to get this benefit.

The answer is dependent on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are those that are made over a time frame rather than a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum settlement can impact any existing VA benefits since the VA will annually assess and count it as income. In either case, if excess assets are left after the 12 month period when the settlement is annualized, Jim could be eligible for a new Pension benefit but only if his assets fall below a threshold that the VA is able to agree establishes financial need.

Do I require an attorney?

Many spouses, military personnel and former spouses have questions about VA disability payments and their effect on financial issues during divorce. Some people believe, for instance, that the Department of Veterans Affairs compensation payments can be split as an army retirement in divorce cases, or that they're "off limits" in calculating child support and Alimony. These misconceptions can lead to financial mistakes which can have serious consequences.

While it is possible to make an initial claim for disability benefits on your own, many disabled veterans disability attorneys benefit from the assistance of an experienced lawyer. An experienced veteran's disability lawyer will examine your medical documents and gather the required evidence to make a convincing case to the VA. The lawyer can also help to file any appeals that you require to secure the benefits you are entitled to.

In addition, the majority of VA disability lawyers charge no fees for consultations. Additionally, the lawyer will generally be paid by the government directly out of the retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will be paid must be specified in your fee agreement. For instance your fee agreement may stipulate that the government will pay the lawyer up to 20% of retroactive benefits or award. The attorney is responsible for any additional costs.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA it is in the form of monthly payments. The funds are intended to offset some of the effects of diseases, disabilities or injuries incurred during or aggravated due to a veteran's military service. The benefits for veterans with disabilities are subject to garnishment as is any other income.

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

There are some situations where a veteran's benefits can be repaid. The most common scenario is that of a veteran who renounced his military retirement in order to receive disability compensation. In these instances, the portion of pension that is devoted to disability payments can be garnished in order to meet family support obligations.

In other situations it is possible for a veteran's benefits to be withdrawn to cover medical expenses or past-due federal student loans. In these situations the court can go directly to the VA for law the information they require. It is essential for disabled veterans to work with a reputable lawyer to ensure that their disability benefits are not garnished. This will help them avoid having to depend on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

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

In this case, a major question is whether or not disability payments are considered assets that could be divided during a divorce. The question has been answered in two ways. A Colorado court of appeals ruling decided that VA disability payments were not property and therefore could not be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability benefits for Alimony was against the USFSPA.

Another concern that is related to this subject is how disability benefits are treated in the context of child support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. However, some states have adopted different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then adds up the disability benefits to take into account that they are tax free.

In the end, it is crucial for veterans to understand how their disability benefits will be affected if they get divorced and how their spouses' ex-spouses could be able to garnish their compensation. If they are aware of these issues, veterans can safeguard their benefits and avoid unwanted consequences.