The Most Pervasive Problems With Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled due to his time in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to know if a verdict of a juror will impact his VA benefits. It won't. However, it could have an impact on his other sources of income.

Can I get compensation in the event of an accident?

You may be eligible for a settlement if served in the military but are now permanently disabled as a result of injuries or illnesses. This settlement will help pay you for medical bills, lost income, and other costs that resulted from your injury or Mound veterans disability lawyer sickness. The type of settlement that you could receive will depend on whether your injury or illness is service-connected, what VA benefits you qualify for, and the amount you will need to treat your injury or accident.

Jim, a 58-year old Vietnam veteran was diagnosed with permanent disabilities as a result of his two years of service. He does not have enough space for work to qualify for Social Security Disability benefits, however, he does have an VA Pension that offers cash and medical care for free dependent on the amount of money he needs. He would like to be aware of how a personal injury settlement will affect his ability to receive this benefit.

The answer is contingent upon whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are payments made over a time period instead of in one payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum settlement can affect any existing VA benefits since the VA will annually evaluate and consider it income. In the event that there are any excess assets are left after the period of twelve months after the settlement is annually recalculated, Jim may be eligible to apply again for the pension benefit, but only if his assets are below a certain threshold that the VA agrees establishes financial need.

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 money issues during a divorce. Some people believe, for instance, that Department of Veterans Affairs compensation payments can be split as a military retirement in divorce proceedings or that they're "off limits" when calculating child support and alimony. These misconceptions can lead to serious financial mistakes.

It is possible to submit a claim for disability benefits by yourself, but most disabled childress Veterans Disability lawsuit would require the help of a qualified lawyer. A veteran's disability lawyer who is experienced can review your medical records and gather all the necessary evidence to present a strong argument to the VA. The lawyer can also file any appeals you might need to get the benefits you deserve.

The majority of VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from your award of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will receive should be clearly stated in your fee agreement. A fee agreement may stipulate that, for example, the government will pay the attorney 20% of retroactive benefits. The attorney is responsible for any additional amount.

Can I Garnish My VA Benefits?

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

Garnishment permits a court order that an employer or government agency stop money from the wages of a person who has a debt and Santa Fe Veterans Disability Lawyer send it directly to a creditor. In the case of a divorce, garnishment could be used to pay spousal or child support or child support.

However, there are certain circumstances where a veteran's disability benefits could be repaid. Most common is the veteran who renounced his retirement from the military in order to receive disability compensation. In these cases the pension portion that is devoted to disability benefits can be garnished to meet family support obligations.

In other circumstances, veteran's benefits could be garnished to pay medical bills or federal student loans that are over due. In these situations a court may be able to go straight to the VA to obtain the necessary information. It is vital for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits aren't being snatched away. This will stop them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge aid to veterans and their families, but they do come with their own set of complications. For instance in the event that a veteran gets divorced and receives a VA disability settlement, they should be aware of how this could affect the benefits they receive.

In this case the most important question is whether or not disability payments count as assets that can be split in a divorce. This question has been answered in two ways. A Colorado court of appeals decision decided 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 benefits for alimony was a violation of USFSPA.

Another concern with this topic is the treatment of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. Certain states take different methods. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then adds the disability payments to take the fact that they are tax-free.

Additionally, it is essential for veterans to know how their disability benefits will be affected if they become divorced and how their ex-spouses may take advantage of their benefits. By knowing about these issues, veterans can safeguard their earnings and avoid any unintended consequences.