15 Trends To Watch In The New Year Veterans Disability Litigation

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

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

He wants to find out if a verdict from a jury will affect his VA benefits. It will not. But it will have an impact on his other sources of income.

Can I get compensation in the event of an accident?

If you've been in the military, and are permanently disabled as a result of injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement will allow you to get compensation for medical bills, lost wages, and other expenses resulting from your injury or illness. The type of settlement you will receive will depend on whether or not your illness or injury is service-connected, what VA benefits you are eligible for, as well as the cost to treat your injury or accident.

Jim is a 58 year veteran of Vietnam, was diagnosed as having permanent disabilities as a result of his two years of service. He does not have enough space for work to qualify for Social Security Disability benefits, but he has a VA Pension that provides free medical care and cash based on his financial need. He would like to understand how a personal injuries settlement will affect his ability to receive this benefit.

The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are those that are made over a long period of time rather than in a single payment and the amount received by the defendant is used to offset any existing VA benefits. In contrast, a lump sum payout will likely affect existing benefits since the VA considers it as income and will increase it. If Jim has excess assets after the settlement is annualized, he can reapply to be eligible for the pension benefit. However the assets must be under a limit that the VA has determined to be a financial necessity.

Do I have to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on money issues in a divorce case. There are many other reasons, but some people think that the Department of Veterans Affairs' compensation payments can be split as a military pension in divorce or are "off limits" when it comes to calculation of child support and alimony. These misconceptions could lead grave financial errors.

It is possible to submit an application for disability benefits on your own However, most disabled veterans disability law firm would benefit from the assistance of a qualified lawyer. An experienced veteran's disability lawyer will examine your medical records and gather the necessary evidence needed to build a strong argument to the VA. The lawyer can also help to make any appeals you require to obtain the benefits you're entitled.

Additionally, the majority of VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from your benefit of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will be paid should be outlined in your fee agreement. For example, a fee agreement can state that the government will pay the attorney up to 20% of the retroactive benefits or award. You are responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The purpose of the payments is to offset the effects of injuries, diseases or disabilities sustained or aggravated by a veteran's service. Like all income, the benefits for veterans with disabilities are subject to garnishment.

Garnishment is a legal procedure which allows a court require an employer or government agency to deduct funds from the pay of an employee who owes money, and then send them directly to a creditor. In the event of divorce, garnishment can be used to pay child or spousal maintenance.

However, there are some situations in which a veteran's disability benefits could be repaid. The most common scenario is veterans who have waived their military retirement to get disability compensation. In these situations the part of pension that is allocated to disability pay can also be garnished to meet family support obligations.

In other situations, veteran's benefit may be garnished to pay medical bills or federal student loans that are past due. In these instances a judge can refer a case directly to the VA to obtain the information they need. The disabled veteran should consult an experienced attorney to safeguard their disability benefits. This will allow them to 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 major help for veterans and their families, but 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.

In this context the most important question is whether or not disability payments count as assets that can be split during a divorce. The issue has been resolved in a couple of ways. A Colorado court of appeals decision decided that VA disability payments were not property and could not be divided in this manner. Another option is the U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability payments to pay Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue related to this issue is how disability benefits are treated in the context of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. Some states have a different approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then adds the disability payments to take account that they are tax free.

It is also important to know how divorce will affect their disability compensation and how their spouses who divorced could slash their benefits. By being aware of these issues, Veterans Disability law firms can ensure the security of their earnings and Veterans Disability Law Firms avoid any unintended consequences.