10 Things You Learned In Kindergarden To Help You Get Started With Veterans Disability Litigation

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 receives a monthly pension from the Department of Veterans Affairs.

He wants to know if a jury verdict will affect his VA benefits. It will not. It will, however, have an impact on the income sources of his other income sources.

Can I get compensation in the event of an accident?

You could be eligible for a settlement if were in the military but are now permanently disabled because of injuries or illnesses. This settlement can allow you to receive compensation for your medical bills, lost wages and other costs resulting from your injury or illness. The type of settlement that you can receive will depend on whether or not your illness or injury is a result of a service connection, the VA benefits you are eligible for, as well as the cost to treat your accident or injury.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He isn't in a position to have enough work space to qualify for Social Security Disability benefits, however, he does have the VA Pension which offers cash and medical care for free dependent on the amount of money he needs. He would like to understand lock Haven veterans Disability lawsuit how a personal injury lawsuit can affect his ability to benefit from this benefit.

The answer is contingent upon whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are payments made over a long period of time instead of in one payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum settlement will impact any existing VA benefits because the VA will annualize and consider it as income. In any case, if there are excess assets remain after the twelve-month period when the settlement is annualized Jim could apply again for the Pension benefit, but only if his assets are less than a minimum threshold that the VA agrees establishes financial need.

Do I require an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its impact on the financial aspects of a divorce case. Among other things, some people think that the Department of Veterans Affairs' compensation payments can be divided as a military pension in divorce or are "off limits" in calculation of child support and Alimony. These misconceptions may lead to grave financial errors.

While it is possible to do an initial claim for disability benefits by yourself, the majority of disabled veterans can benefit from the assistance of a professional lawyer. A veteran's disability attorney can review your medical records to gather the necessary evidence to make a strong case in front of the VA. The lawyer can also file any appeals that you may require to receive the benefits you are entitled to.

Additionally, the majority of VA disability lawyers don't charge fees for consultations. The government will also pay the lawyer directly from your benefit of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should specify clearly the proportion of retroactive benefits to be paid to your lawyer. A fee agreement could stipulate that, for instance, the government would pay the attorney 20 percent of retroactive benefits. The attorney is responsible for any additional sums.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA the compensation is paid in the form of monthly payments. The payments are intended to help offset the impact of injuries, diseases or disabilities that were suffered or lawsuit worsened during the veteran's service. The ripley Veterans Disability law firm disability benefits are subject to garnishment, as is any other income.

Garnishment is a legal process that allows a judge to require an employer or government agency to withhold funds from the wages of a person who owes money and send them directly to a creditor. In the case of a divorce, garnishment may be used to pay spousal support or child support.

There are situations where a veteran's benefits can be garnished. The most common scenario is veterans who have waived their military retirement to receive disability compensation. In these cases the part of pension that is allocated to disability compensation can be garnished in order to meet family support obligations.

In other situations the benefits of a veteran can be seized to pay medical expenses or past due federal student loans. In these cases the court may be able to the VA to get the required information. A disabled veteran should seek out an experienced attorney to secure their disability benefits. This can help them avoid having to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major aid to winters veterans disability law firm and their families, but they're not without their own set of complications. If a veteran gets divorced and receives an VA settlement then they must know what this will do to their benefits.

A major issue in this regard is whether disability payments are considered divisible assets in a divorce. This issue has been settled in a variety of ways. One option is a Colorado court of appeals decision that found that VA disability payments are not property, and therefore cannot be divided in this way. Another option is an U.S. Supreme Court ruling in Howell that ruled that garnishing a veteran's VA disability benefits to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this issue is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. However, some states have chosen to take the opposite approach. For instance, Colorado adds up all sources of income to determine the amount 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 that veterans are aware of how divorce affects their disability benefits and how their spouses who divorced could take advantage of their compensation. By being aware of these issues, veterans can ensure the security of their benefits and avoid unintended consequences.