The Three Greatest Moments In Veterans Disability Litigation History

How a Veterans Disability Settlement Can Affect a Divorce Case

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

He would like to be aware of whether a verdict by a jury will affect his VA benefits. The answer is that it will not. However, it will have an impact on his other sources of income.

Do I have the right to receive compensation for an accident?

If you've been in the military but are now permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can help compensate you for medical expenses, lost income and other expenses resulting from your illness or injury. The type of settlement you'll be able to receive depends on whether your condition is service-connected or non-service connected, which VA benefits you qualify for, and how much your injury or accident will cost to treat.

For example, vimeo Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He isn't in a position to have enough space for work to qualify for Social Security Disability benefits, however, he does have the VA Pension which offers free medical care and cash dependent on the amount of money he needs. He wants to be aware of whether a personal injury settlement could affect his ability to receive this benefit.

The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements involve installments over time instead of one single payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum payment will impact any existing VA benefits as the VA will annually calculate and consider it as income. If Jim has extra assets after the settlement is annually adjusted, he can reapply to be eligible for the pension benefit. However his assets must be less than a certain threshold that the VA has set that establishes financial necessity.

Do I require an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and vimeo its impact on the financial aspects of a divorce case. Some people believe, among other things that Department of fresno veterans disability Affairs compensation payments can be divided like military retirements in divorce cases or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

It is possible to submit an application for disability benefits yourself however, the majority of disabled hidalgo veterans disability would require the help of a professional lawyer. An experienced veteran's disability lawyer will examine your medical records and gather the necessary evidence to present a strong case to the VA. The lawyer will also be able to file any appeals you may require to obtain the benefits you're entitled to.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. In addition that the lawyer will normally 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 define the proportion of retroactive benefits to be paid to your lawyer. For Vimeo example, a fee agreement can specify that the government will pay the attorney up to 20% of the retroactive benefits or pay. Any additional amounts will be your to pay.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA, it comes in the form of monthly payments. These payments are designed to offset the effects of injuries, diseases or disabilities that were sustained or aggravated during the course of a veteran's time of service. As with all income, veterans disability benefits could be subject to garnishment.

Garnishment is a court-ordered procedure that an employer or a 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 may be used to pay child or spousal support.

There are situations where the benefits of a veteran could be repaid. The most frequent scenario involves a veteran who waived their military retirement to get disability compensation. In these cases the portion of the pension apportioned to disability pay could be garnished to meet family support obligations.

In other situations veterans' benefits could be garnished to pay for medical expenses or past due federal student loans. In these instances, a court may be able to go straight to the VA to get the required information. A disabled veteran should employ an experienced lawyer to protect their disability benefits. This can prevent them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous aid to veterans and their families, but they come with their own set of challenges. If a veteran is divorced and receives an VA settlement and is eligible, they should be aware of what this might do to the benefits they receive.

In this regard, the main question is whether or not disability payments count as assets that could be divided during a divorce. This question has been resolved in a couple of ways. One option is an Colorado court of appeals ruling that concluded that VA disability payments are not property and cannot be divided in that way. Another method is the U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability payments to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this issue is the handling of disability benefits for child maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. Some states have a different approach. Colorado, for example, takes all income sources together to determine the amount required to provide for a spouse. Colorado then adds disability benefits to account for their tax-free status.

It is also vital that veterans understand how divorce affects their disability benefits and how their ex spouses can slash their income. If they are aware of these issues, santaquin veterans disability can protect their earnings and avoid any unintended consequences.