The Reason You Shouldn't Think About Improving Your Veterans Disability Litigation

How a barrington veterans disability attorney Disability Settlement Can Affect a Divorce Case

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

He wants to know if the jury’s verdict will impact his VA benefits. It won’t. However, it will have an impact on his other income sources.

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

You may be eligible for a settlement in the event that you were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement can assist in compensating you for medical expenses, lost income and other expenses that resulted from your injury or sickness. The kind of settlement you’ll be able to get will depend on whether the condition is service-connected or non-service connected, which VA benefits you qualify for, as well as the amount your injury or accident will cost to treat.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. He does not have enough work space to be eligible for Social Security Disability benefits, however, he can claim the VA Pension, which provides cash and medical treatment for free depending on the financial needs of his. He would like to learn what the implications of a personal injury settlement will affect his eligibility to get this benefit.

The answer is contingent upon whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements require payments over time, rather than one single payment. The amount that defendant pays is calculated to offset existing VA benefits. However, a lump sum settlement will probably impact any benefits already in place because the VA considers it as income and will increase it. If Jim has excess assets after the settlement is annualized and he wants to reapply, he will be eligible for the pension benefit. However the assets he has to be under a limit that the VA has set to establish financial necessity.

Do I need to hire an Attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and the impact it has on money issues in a divorce case. Some people believe, among other things, that the Department of Veterans Affairs compensation payments can be split as military retirements in divorce cases, or that they’re “off limits” when calculating child support and alimony. These misconceptions could lead to serious financial mistakes.

While it is possible to submit an initial claim for disability benefits on your own, many disabled veterans benefit from the assistance of a professional attorney. A veteran’s disability attorney can examine 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 you might need to get the benefits you are entitled to.

Most VA disability lawyers do not charge for consultations. Additionally, the lawyer will generally be paid by the government directly from the retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly specify the percentage of retroactive benefits that will be paid to your lawyer. For instance the fee agreement could specify that the government will pay the attorney up to 20% of retroactive benefits or provide. Any additional amounts are your the responsibility of the attorney.

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 disabilities, diseases or injuries that are sustained or aggravated due to a veteran’s military service. Like other income sources, benefits for veterans with disabilities are subject to garnishment.

Garnishment is a legal process that allows a judge to make an order to an employer or government agency to withhold funds from the wages of a person who owes money and transfer them directly to an individual creditor. In the event of divorce, garnishment can be used to pay child or spousal care.

There are a few situations in which a veteran’s disability benefits could be refunded. The most common scenario involves a veteran who waived their military retirement in order to claim disability compensation. In these instances, the amount of pension that is allocated to disability pay can be garnished for family support obligations.

In other circumstances, veteran’s benefits could be garnished in order to cover medical expenses or federal student loans that are past due. In these situations the court could go directly to the VA to obtain the information they need. It is essential for a disabled veteran to hire a knowledgeable attorney to ensure that their disability benefits aren’t garnished. This will prevent them from having to depend on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans and their families. However they do come with certain complications. If a person divorces and receives an VA settlement and is eligible, they should be aware of what this might do to their benefits.

In this context, the main question is whether or not disability payments count as assets that can be split in a divorce. This issue has been settled in a variety of ways. One way is by an Colorado court of appeals decision which concluded that VA disability payments are not property and can’t be divided in this 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 related to this issue is the treatment of disability benefits for child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from utilizing disability benefits as income. However, certain 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 will need and [Redirect-301] then adds the disability payments to take account that they are tax free.

It is also crucial that veterans know how divorce will affect their disability compensation and Keller Veterans Disability Lawyer how their ex spouses can slash their income. By knowing about these issues, veterans can safeguard their income and avoid unwanted consequences.