20 Myths About Veterans Disability Litigation: Dispelled

How a Veterans Disability Settlement Can Affect a Divorce Case

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

He wants to know if the jury's verdict will affect his VA benefits. The answer is that it will not. But it will have some impact on his other sources of income.

Can I receive compensation for an accident?

You could be eligible to receive a settlement if you have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement could help you get compensation for medical bills, lost wages and other expenses resulting from your illness or injury. The kind of settlement you are eligible for will depend on whether or not your injury or illness is related to service, what VA benefits you qualify for, and Vimeo the cost to treat your accident or injury.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He doesn't have enough work space to qualify for Social Security Disability benefits, however, he can claim a VA Pension that provides cash and medical treatment for free dependent on the amount of money he needs. He wants to understand how a personal injury settlement will affect his eligibility to benefit from this benefit.

The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements involve the payment of over time rather than one payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum payment can impact any existing VA benefits as the VA will annually assess and count it as income. If Jim has excess assets after the settlement has been annualized then he is eligible to be eligible for the pension benefit. However, his assets must be less than a certain threshold that the VA has determined to be a financial necessity.

Do I really need to hire an Attorney?

Many spouses, service members, and former spouses have questions about VA disability benefits and their impact on financial issues in divorce. Some people believe, among other things, that Department of seattle veterans disability lawyer Affairs compensation payments can be divided like the military retirement in divorce cases or that they're "off limits" in calculating child support and alimony. These misconceptions could lead grave financial errors.

While it is possible to make an initial claim for disability benefits on your own, many disabled nebraska veterans disability law firm can benefit from the help of a qualified lawyer. A veteran's disability lawyer can review your medical records to collect the evidence necessary to present a convincing case to the VA. The lawyer can also file any appeals you might require to receive the benefits you are entitled to.

Moreover, most VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from the benefit of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly specify the proportion of retroactive benefits to be paid to your lawyer. A fee agreement could say for instance that the government will pay the attorney 20% of retroactive benefits. The attorney is responsible for any additional costs.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA, it comes in the form of monthly payments. These payments are designed to offset some of the consequences of illnesses, disabilities or injuries that are sustained or aggravated due to a veteran's military service. Like other income sources, veterans disability benefits can be subject to garnishment.

Garnishment can be a legal proceeding that permits a court to decide that an employer or a government agency to withhold funds from the wages of a person who is in debt and to send them directly to the creditor. In the event of divorce, garnishment can be used to pay child or spousal maintenance.

There are situations where the benefits of a veteran can be repaid. The most common scenario is a veteran who waived their military retirement in order to receive disability compensation. In these cases, the amount of pension allocated to disability payments could be garnished to meet family support obligations.

In other cases, a veteran's benefits may also be seized in order to pay medical expenses or federal student loans that are over due. In these cases, a court may be able to the VA to get the required information. A disabled veteran should seek out an experienced attorney to safeguard their disability benefits. This will 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 help for veterans and Vimeo their families, but they come with their own set of challenges. If a person divorces and receives an VA settlement it is important to know what this will do to their benefits.

One of the major issues in this context is whether or not the disability payments are considered divisible assets in a divorce. This question has been resolved in a variety of ways. A Colorado court of appeals ruling decided that VA disability payments were not property and could not be divided in this way. Another option is the U.S. Supreme Court ruling in Howell which held that garnishing a veteran's VA disability payments to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this subject is how disability benefits are treated for purposes of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. Certain states take different approaches. Colorado for instance, adds all income sources together to determine the amount required to support a spouse and then adds disability benefits to account for their tax-free status.

It is also crucial that veterans are aware of how divorce will affect their disability compensation and how their spouses who divorced can garnish their compensation. By being aware of these issues, vets can safeguard their benefits as well as avoid the unintended consequences.