10 Things You Learned In Kindergarden That Will Help You 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 due to his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.

He wants to know if the verdict of a jury will affect his VA benefits. The answer is not. However, 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 been in the military and are now permanently disabled because of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will help pay you for medical bills, lost income, and other expenses resulting from your injury or sickness. The kind of settlement you could receive will depend on whether or not your injury or illness is service-connected, what VA benefits you are eligible for, and the amount you will need to treat your accident or injury.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. Jim does not have enough work space to be eligible for Social Security Disability benefits, but he has an VA Pension that offers free medical treatment and cash depending on the financial needs of his. He would like to understand how a personal injuries settlement will affect his ability to benefit from this benefit.

The answer is contingent upon whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are the ones that are paid over a long period of time rather than a single payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payout is likely to affect any existing benefits because the VA considers it a tax-deductible income and will annually increase it. In any event, if extra assets remain after the 12 month period after the settlement is annually recalculated, Jim could 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 need to hire an attorney?

Many spouses, members of the military and former spouses are concerned about VA disability benefits and their effect on financial issues during a divorce. Some people believe, among other things that the Department of Veterans Affairs compensation payments can be split as a military retirement in divorce cases, or that they're "off limits" when calculating child support and alimony. These misconceptions could lead serious financial mistakes.

While it is possible to do an initial claim for disability benefits by yourself, the majority of disabled veterans require the assistance of a professional attorney. A skilled veteran's disability lawyer will examine your medical records and gather all the necessary evidence to support your case at the VA. The lawyer will also be able to file any appeals you may require to obtain the benefits you're entitled.

Furthermore, the majority of VA disability lawyers charge no fees for consultations. Additionally the lawyer will usually be paid by the government directly from your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will receive should be clearly outlined in your fee agreement. For instance the fee agreement could specify that the government will pay the lawyer up to 20% of retroactive benefits or provide. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA, it comes in the form of monthly payments. The payments are intended to offset the effects of illnesses, injuries or disabilities sustained or aggravated by a veteran's service. Like all income, the benefits for veterans disability lawsuit with disabilities are subject to garnishment.

Garnishment is a court-ordered procedure that an employer or a government agency withhold funds from the paycheck of an individual who owes the debt and pay it directly to a creditor. In the event of a divorce garnishment can be used to pay child or spousal care.

However, Veterans Disability Lawyer there are certain situations in which a veteran's disability benefits may be garnished. Most common is the veteran who has waived his military retirement to receive disability compensation. In these cases the portion of the pension apportioned to disability pay can be garnished to pay family support obligations.

In other instances it is possible for a veteran's benefits to be garnished to pay for medical expenses or past due federal student loans. In these situations a judge can refer a case directly to the VA for the information they require. A disabled veteran should seek out an experienced lawyer to protect their disability benefits. This will stop them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great assistance to veterans and their families. However they have certain complications. For example, if a veteran gets divorced and is awarded an VA disability settlement, they should be aware of what this means for their benefits.

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

Another concern related to this subject is how disability benefits are treated in the context of child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. Some states have different methods. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds up the disability payments to take into account that they are tax-free.

It is also important for veterans disability lawyer (click through the up coming webpage) to understand how their disability compensation will be affected if they become divorced and how their spouses who divorced them can garnish their compensation. By being informed about these issues, veterans can protect their income as well as avoid any unintended consequences.