10 Wrong Answers For Common Veterans Disability Litigation Questions Do You Know The Right Ones

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled due to his military service. He receives a monthly pension benefit from the Department of madison veterans disability attorney Affairs.

He would like to know how the jury's verdict will impact his VA benefits. It won't. But 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 served in the military but are now permanently disabled due to injuries or illnesses, you could be eligible for a Yorba Linda Veterans Disability Lawyer disability settlement. This settlement will pay you for medical bills, lost income, and other expenses that resulted from your injury or sickness. The kind of settlement you'll receive will depend on whether your health condition is non-service connected, which VA benefits you are eligible for, and 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 but the VA Pension benefit that offers medical care and cash dependent on financial need. He would like to understand what the implications of a personal injury settlement can affect his ability to get this benefit.

The answer depends on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are those that are made over a time frame rather than in a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. A lump sum settlement will affect any existing VA benefits because the VA will annually assess and count it to be income. If Jim has assets that are not used up after the settlement has been annualized, he can reapply to be eligible for the pension benefit. However, his assets must be below a threshold the VA has set to establish financial necessity.

Do I Need to Hire an Attorney?

Many service members, spouses and former spouses have questions about VA disability benefits and their effect on financial issues during divorce. Some people believe, among other things, that Department of Veterans Affairs compensation payments can be divided like an army retirement in a divorce case or that they're "off limits" when it comes to calculating child support and alimony. These misconceptions can result in financial mistakes that have serious consequences.

While it is possible to file an initial claim for disability benefits on your own, most disabled veterans get the assistance of an experienced attorney. An experienced veteran's disability lawyer can review your medical records and gather all the necessary evidence needed to build a strong case to the VA. The lawyer can also file any appeals you may need in order to receive the benefits you deserve.

In addition, the majority of VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from your benefit of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will be paid should be clearly stated in your fee agreement. A fee agreement could say that, for example, the government will provide the attorney with 20 percent of retroactive benefits. The attorney is responsible for any additional amount.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The purpose of the payments is to alleviate some of the consequences of illnesses, disabilities or injuries sustained or aggravated by a veteran's military service. Like other income sources, veterans disability benefits can be subject to garnishment.

Garnishment can be a legal proceeding that allows a court to order an employer or government agency to omit funds from the pay of an employee who owes money and send them directly to a creditor. In the event of divorce, garnishment can be used to pay child or spousal maintenance.

However, there are a few circumstances where a veteran's disability benefits are able to be repaid. The most common scenario involves a veteran who waived their military retirement to receive disability compensation. In these scenarios the pension portion that is allocated to disability payments can be garnished to pay for yorba linda veterans disability lawyer family support obligations.

In other cases veterans' benefits could be withdrawn to cover medical expenses or past-due federal student loans. In these cases, a court can go directly to the VA for the information they require. It is important for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits are not garnished. This will prevent them from having to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous aid to veterans and their families. However they have specific complications. If a veteran divorces and receives an VA settlement then they must be aware of the implications to the benefits they receive.

A major issue in this regard is whether or not disability benefits are considered divisible assets in divorce. The question has been answered in two ways. A Colorado court of appeals ruling declared that VA disability payments were not property and therefore could not be divided this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability benefits for an alimony payment was a violation of USFSPA.

Another concern related to this subject is the treatment of disability benefits for child support and maintenance. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. Some states have an alternative approach. For yorba linda veterans Disability lawyer instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then pluses up the disability payments to take the fact that they are tax-free.

It is also essential that veterans are aware of how divorce can affect their disability benefits and how their ex spouses can slash their income. By being aware of these issues, veterans disability law firm can safeguard their benefits as well as avoid the unintended consequences.