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How a veterans disability law firm 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 a verdict of a juror will affect his VA benefits. The answer is that it will not. It will, however, affect his other sources of income.

Do I have the right to receive compensation in the event of an accident?

If you've served in the military and are permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement can help compensate you for medical expenses, lost income and other expenses resulting from your injury or veterans disability attorney sickness. The kind of settlement you will receive will depend on whether or not your injury or illness is service-connected, what VA benefits you are eligible for, as well as the cost to treat your injury or accident.

Jim who is a 58-year veteran of the Vietnam war was diagnosed with permanent disabilities as a result of his two years of service. He hasn't got enough work space to be eligible for Social Security disability benefits but the VA Pension benefit which provides cash and free medical care dependent on financial need. He would like to learn how a personal injury settlement will affect his ability to receive this benefit.

The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements are settlements that are paid 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 as the VA will annualize and consider it as income. In the event that there are any excess assets are left over after the 12 month period after the settlement is annually recalculated, Jim may be eligible to 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 really need to hire an Attorney?

Many spouses, members of the military, and former spouses have questions about VA disability payments and their impact on financial issues during a divorce. Some people believe, among other things, that Department of Veterans Affairs compensation payments are split like a military retirement in a divorce case or that they're "off limits" in calculating child support and Alimony. These misconceptions could lead serious financial errors.

While it is possible to do an initial claim for disability benefits on your own, the majority of disabled veterans benefit from the help of a qualified attorney. A veteran's disability lawyer can examine your medical records to collect the evidence necessary to present a convincing case to the VA. The lawyer can also file any appeals that you may need in order to get the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from your amount of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. Your fee agreement should clearly define the amount of retroactive benefits that will be paid to your lawyer. For example an agreement on fees could specify that the government will pay the lawyer up to 20% of retroactive benefits or provide. You will be accountable for any additional costs.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. The funds are intended to alleviate some of the consequences of illnesses, disabilities, or injuries sustained during or aggravated during a veteran's military service. Like other income sources, veterans disability lawsuit disability benefits could be subject to garnishment.

Garnishment is a court-ordered procedure that an employer or government agency deduct money from the pay of a person who has an amount and then pay it directly to the creditor. In the case of a divorce, garnishment may be used to pay spousal or child support or child support.

However, there are some circumstances where a veteran's disability benefits could be garnished. The most common scenario is that of a veteran who has renounced his military retirement in order to receive disability compensation. In these cases the portion of the pension apportioned to disability pay could be garnished to meet family support obligations.

In other cases it is possible for a veteran's benefits to be garnished to pay for medical expenses or past due federal student loans. In these instances a judge can refer a case directly to the VA to obtain the information they need. It is vital for a disabled veteran to retain a knowledgeable lawyer to ensure that their disability benefits aren't garnished. This will prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major help for veterans Disability attorney (https://vimeo.com) and their families, however they do come with their own set of complications. If a person divorces and receives an VA settlement and is eligible, they should be aware of what this might do to their benefits.

In this context one of the major veterans disability attorney issues is whether or not disability payments are considered to be assets that could be divided in divorce. This question has been answered in two ways. A Colorado court of appeals decision determined 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 payments for alimony was a violation of USFSPA.

Another concern related to this subject is the treatment of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. However, certain states have chosen to take a different approach. Colorado is one example. It adds all sources of income together to determine the amount needed to support a spouse and then adds disability payments to reflect their tax-free status.

It is also important that veterans are aware of the impact divorce has on their disability benefits and how ex-spouses could slash their benefits. By being informed about these issues, vets can ensure their compensation and avoid any unintended consequences.