14 Smart Strategies To Spend The Remaining Veterans Disability Litigation Budget

How a Veterans Disability Settlement Can Affect a Divorce Case

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

He wants to know how an award from a jury will impact his VA benefits. It will not. However, it will have an impact on his other sources of income.

Can I get compensation for an Accident?

If you've served in the military, and are permanently disabled because of injuries or illnesses, you may be eligible for a veterans disability attorney disability settlement. This settlement can help compensate you for medical expenses, lost income and other expenses resulting from your injury or sickness. The kind of settlement you can receive depends on whether your health condition is non-service connected, which VA benefits you qualify for, and the amount your accident or injury will cost to treat.

Jim, a 58 year veteran of the Vietnam war was diagnosed with permanent disabilities as a result of his two years of service. He does not have enough work space to qualify for Social Security Disability benefits, but he has the VA Pension which offers free medical treatment and cash depending on the financial needs of his. He wants to know 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 either a lump sum or structured settlement. Structured settlements are the ones that are paid over a long period of time instead of in one payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum settlement can impact any existing VA benefits because the VA will annualize and consider it income. If Jim has extra assets after the settlement is annualized and he wants to reapply, he will be eligible for the pension benefit. However his assets must be under a limit that the VA has agreed establishes financial necessity.

Do I Need to Hire an attorney?

Many spouses, members of the military, and former spouses have questions about VA disability payments and their impact on financial issues in divorce. In addition, some people believe that the Department of Veterans disability law firms Affairs' compensation payments can be divided like a military pension a divorce or that they are "off limits" in the calculation of child support and Alimony. These misconceptions may lead to serious financial mistakes.

It is possible to submit a claim for disability benefits by yourself however, the majority of disabled veterans will require the help from a competent lawyer. A veteran's disability attorney can examine your medical records to gather the evidence required to prove your case in front of the VA. The lawyer can also help to file any appeals that you need to get the benefits you're entitled to.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. The government also pays the lawyer directly from the benefit of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will receive must be specified in your fee agreement. For instance the fee agreement could stipulate that the government will pay the attorney up to 20% of retroactive benefits or give. You are responsible for any additional amount.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA it is received in the form of monthly payments. The payments are meant to help offset the effects of diseases, disabilities or injuries sustained or aggravated by a veteran's military service. Like all income, the benefits for veterans with disabilities are subject to garnishment.

Garnishment permits a court order that an employer or government agency stop money from the pay of a person who is in the process of paying an obligation and pay it directly to a creditor. In the event of a divorce garnishment can be used for child or spousal maintenance.

There are a few situations in which a veteran's benefits can be repaid. The most frequent scenario involves a veteran who waived their military retirement in order to receive disability compensation. In these cases, the portion of the pension that is attributed to disability benefits can be garnished for family support obligations.

In other cases, a veteran's benefits may also be garnished to pay medical bills or federal student loans that are over due. In these situations a court may be able to direct the case to the VA to obtain the necessary information. It is important for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits aren't taken away. 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 can be an enormous assistance to veterans disability lawyers and their families, but they don't come without their own set of challenges. For example, if a veteran gets divorced and receives an VA disability settlement, they need to know how this could affect the benefits they receive.

In this context one of the major issues is whether or not disability payments are considered to be assets which can be divided in divorce. This question has been resolved in a couple of ways. One option is the Colorado court of appeals decision that found that VA disability payments are not property and cannot be divided in that 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 concern relating 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 counting disability benefits as income. Some states have an alternative approach. Colorado for instance, adds all sources of income together to determine the amount needed to provide for a spouse. Colorado then adds disability income in order to take into account their tax-free status.

Additionally, it is essential for veterans to know how their disability compensation will be affected when they get divorced and how their spouses' ex-spouses could take advantage of their benefits. By being aware of these issues, veterans can safeguard their compensation and avoid unwanted consequences.