How a veterans disability case disability lawyer - view site…, Disability Settlement Can Affect a Divorce Case

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

He wants to know if an award from a jury will affect 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?

If you've been in the military and are permanently disabled because of injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement will pay 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 will depend on whether the condition is service-connected or non-service connected, what VA benefits you qualify for, and what your accident or injury will cost to treat.

For instance, veterans disability lawyer Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. Jim does not have enough space for work to qualify for Social Security Disability benefits, however, he is able to claim a VA Pension that provides free medical treatment and cash according to his financial need. He wants to know if a personal injury settlement would affect his eligibility to be eligible for 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, rather than one single payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum settlement can affect any existing VA benefits as the VA will annually evaluate and consider it income. In any event, if extra assets are left over after the twelve-month period when the settlement is annualized, Jim may be eligible to apply again for the Pension benefit but only if his assets are less than a minimum threshold that the VA determines to be a financial need.

Do I really need to hire an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of a divorce case. Some people believe that the Department of Veterans Affairs' compensation payments are able to be divided like a pension from a military service in a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions can lead to financial errors that can have grave consequences.

It is possible to submit an application for disability benefits yourself However, most disabled veterans disability settlement would benefit from the assistance of a qualified lawyer. A veteran's disability lawyer can review your medical records to collect the evidence necessary to make a strong case in front of the VA. The lawyer can also file any appeals you may require to receive the benefits you are entitled to.

In addition, the majority of VA disability lawyers don't charge fees for consultations. In addition the lawyer will usually be paid by the government directly from your award of retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly define the percentage of retroactive benefits that will be paid to your lawyer. For instance your fee agreement may provide that the government can pay the lawyer up to 20% of retroactive benefits or provide. You are responsible for any additional amounts.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA, it comes in the form of monthly payments. The purpose of the payments is to help offset the effects of disabilities, diseases or injuries that are sustained or aggravated by a veteran's military service. The benefits for veterans' disability are subject to garnishment like any other income.

Garnishment lets a court order that an employer or government agency deduct cash from the pay 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 spousal or child support or child support.

However, there are some situations where disability benefits may be garnished. The most common situation involves a veteran who waived their military retirement to receive disability compensation. In these scenarios the part of pension that is devoted to disability benefits can be garnished to pay for family support obligations.

In other cases the benefits of a veteran can be garnished to pay for medical expenses or past due federal student loans. In these cases, a court can go directly to the VA for the information they require. A disabled veteran should hire an experienced attorney to safeguard their disability benefits. This can stop them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge benefit for veterans disability lawsuit and their families, but they're not without their own set of complications. For instance, if a veteran gets divorced and receives an VA disability settlement, they should be aware of how this could affect their benefits.

A major issue in this context is whether or not disability payments count as divisible assets in a divorce. This issue has been addressed in a variety of ways. A Colorado court of appeals ruling determined that VA disability payments were not property and therefore could not be divided in this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability payments for an alimony payment was a violation of USFSPA.

Another issue related to this issue is how disability benefits are treated in the context of child maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from counting disability benefits as income. Certain states use an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds up the disability benefits to take into account that they are tax-free.

It is also vital that veterans know how divorce can affect their disability benefits and how their ex spouses can garnish their compensation. By being aware of these issues, vets can ensure their compensation and avoid any unintended consequences.