The Most Pervasive Problems With Veterans Disability Litigation

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 would like to know if a verdict of a juror will impact his VA benefits. The answer is that it will not. However, it could have an impact on his other sources of income.

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

If you have served in the military and are now permanently disabled as a result of injuries or illnesses, you could be eligible for a veterans disability lawyer disability settlement. This settlement will pay you for medical bills, lost income, and other expenses resulting from your injury or sickness. The type of settlement you'll get depends on whether or not your health condition is non-service connected, the VA benefits you are eligible for, and how much your accident or injury will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He hasn't got enough work space to be eligible for Social Security disability benefits but there is a VA Pension benefit that provides cash and free medical care that is based on financial need. He would like to be aware of whether a personal injury settlement would affect his eligibility to be eligible for this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements consist of installments over time rather than one lump sum payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum settlement can impact any existing VA benefits because the VA will annually calculate and consider it as income. In any event, if extra assets are left after the period of twelve months when the settlement is annualized, Jim could be eligible for a new pension benefit, but only if his assets fall below a certain threshold that the VA determines to be a financial need.

Do I need to hire an Attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on money issues in divorce cases. In addition, some people believe that the Department of Veterans Affairs' compensation payments can be divided like a military pension in a divorce or that they are "off limits" in the calculation of child support and Alimony. These misconceptions can lead to serious financial errors.

It is possible to submit a claim for disability benefits by yourself However, most disabled veterans would require the help of a skilled lawyer. A veteran's disability lawyer who is experienced will review your medical documents and gather the required evidence needed to build a strong argument to the VA. The lawyer can also file any appeals that you may need in order to get the benefits you deserve.

Moreover, most VA disability lawyers don't charge fees for consultations. The government also pays the lawyer directly from your award of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should specify clearly the amount of retroactive benefits to be paid to your lawyer. A fee agreement could state that, for example, the government will give the attorney up to 20% of retroactive benefits. You will be accountable for any additional amounts.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The payments are intended to alleviate the effects of diseases, injuries or disabilities that were suffered or worsened during the veteran's service. The veterans disability benefits are subject to garnishment, like any other income.

Garnishment is a legal process that allows a court to require an employer or government agency to withhold funds from the pay of an employee who owes money and transfer them directly to an individual creditor. In the event of a divorce garnishment can be used to pay child or spousal support.

There are some situations where the benefits of a veteran can be encashable. The most common scenario involves those who have renounced their military retirement to receive disability compensation. In these cases the portion of the pension allocated to disability payments can be garnished to pay family support obligations.

In other situations veterans' benefits could be withdrawn to cover medical expenses or columbus veterans Disability attorney past due federal student loans. In these instances a judge can refer a case directly to the VA for the information they require. It is crucial for disabled veterans to find a competent lawyer to ensure that their disability benefits are not garnished. This can help them avoid having to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great aid to veterans and their families. However they have their own set complications. If a person divorces and receives an VA settlement then they must know what this will do to their benefits.

One of the major issues in this context is whether disability benefits are considered divisible assets in a divorce. This issue has been settled in a variety of ways. One is through a Colorado court of appeals ruling that concluded that VA disability payments are not property and cannot be divided as such. The other way is by an U.S. Supreme Court ruling in Howell which held that garnishing the veteran's VA disability benefits to pay Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern that is related to this topic is how the disability benefits are treated to determine child support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. Certain states employ different approaches. Colorado, for example, adds all sources of income together to determine the amount needed to support a spouse and then adds disability benefits in order to account for their tax-free status.

In the end, it is crucial that columbus veterans disability attorney (vimeo.com) understand how their disability benefits will be affected if they are divorced and how their spouses' ex-spouses could take advantage of their benefits. By being knowledgeable about these questions, veterans can guard their benefits and avoid unintended consequences.