This Week s Most Popular Stories Concerning Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled as a result of his time in the military. He receives a monthly Pension benefit from the Department of longmont veterans disability Affairs.

He would like to know how the verdict of a jury will impact his VA benefits. It will not. It will, however, affect the income sources of his other income sources.

Can I receive compensation for an accident?

If you have served in the military and are now permanently disabled due to injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement can help compensate you for medical bills, lost income and other costs that resulted from your injury or sickness. The kind of settlement you'll be able to get depends on whether or not your health condition is non-service connected, which VA benefits you qualify for, and what your injury or accident 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 doesn't have enough work quarters to qualify for Social Security disability benefits but there is a VA Pension benefit that offers cash and free medical care based on financial need. He wants to determine if a personal accident settlement would affect his eligibility to get this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements consist of payments over a period of time instead of a single payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum settlement will probably alter any existing benefits as the VA considers it as income and will increase it. In either case, if excess assets remain after the twelve month period after the settlement is annually recalculated, Jim could apply again for the Pension benefit, but only if his assets are lower than a threshold with which the VA determines to be a financial need.

Do I need to hire an Attorney?

Many spouses, service members, and former spouses have concerns about VA disability benefits and their impact on money issues during divorce. Among other things, some people think that the Department of lino lakes veterans disability attorney Affairs' compensation payments can be divided like a military pension in a divorce or that they are "off limits" in calculation of child support and Alimony. These misconceptions may lead to grave financial errors.

It is possible to file a claim for disability benefits on your own, but most disabled veterans will benefit from the assistance of a skilled lawyer. A qualified veteran's disability lawyer will review your medical records and gather all the necessary evidence needed to build a strong case to the VA. The lawyer will also be able to submit any appeals you require to receive the benefits you're entitled to.

The majority of VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from your amount of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will receive should be outlined in your fee agreement. A fee agreement could say, for example, that the government would give the attorney up to 20% of retroactive benefits. Any additional amount is your responsibility.

Can I Garnish My VA Benefits?

When disabled junction city veterans disability lawsuit receive compensation from the VA it is received in the form of monthly payments. The funds are meant to alleviate the effects of illnesses, injuries or disabilities that were suffered or aggravated during the course of a veteran's service. Like all income, the veterans disability benefits are subject to garnishment.

Garnishment permits a court order that an employer or Smiths station veterans disability government agency deduct money from the wages of a person who has an amount and then pay it directly to the creditor. In the case of a divorce, garnishment may be used to pay spousal support or child support.

There are a few situations in which a veteran's disability benefits are able to be garnished. The most frequent scenario involves lynnwood veterans disability attorney who have waived their military retirement to receive disability compensation. In these situations the amount of pension allocated to disability payments can be garnished for family support obligations.

In other situations the benefits of a veteran can be garnished to pay for medical expenses or past due federal student loans. In these instances the court may be able to directly to the VA to obtain the necessary information. It is important for disabled tyrone veterans disability to find a competent lawyer to ensure that their disability benefits aren't garnished. This will prevent them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great assistance to Smiths Station veterans disability and their families. However they have specific complications. If a veteran divorces and receives an VA settlement then they must be aware of the impact this could have to their benefits.

In this case, the main question is whether or not disability payments are considered assets that can be divided in a divorce. This question has been addressed in two ways. A Colorado court of appeals decision found that VA disability payments were not property and could not be divided this manner. Another way is through a U.S. Supreme Court ruling in Howell which ruled that garnishing the 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 how disability benefits are interpreted in the context of child maintenance and support. Both the USFSPA, and the Supreme Court, prohibit states from claiming disability benefits as income. Certain states use a different approach. Colorado for instance takes all income sources together to determine the amount needed to support a spouse and then adds on disability payments in order to take into account their tax-free status.

It is also vital that veterans understand how divorce can affect their disability compensation and how ex-spouses could take advantage of their compensation. By being knowledgeable about these questions, veterans can guard their income and avoid unintended consequences.