"The Ultimate Cheat Sheet On Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

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

He wants to know how a jury award will affect his VA benefits. The answer is that it will not. It will, however, affect his other sources of income.

Can I get compensation in the event of an accident?

If you have served in the military and are permanently disabled because of injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement will allow you to get compensation for medical expenses, lost wages, and other expenses related to your injury or illness. The type of settlement you will receive will depend on whether your injury or illness is related to service, what VA benefits you are eligible for, and the amount you will need to treat your injury or accident.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He does not have enough working space to be eligible for Social Security disability benefits but there is a VA Pension benefit that offers medical care and cash in accordance with financial need. He would like to determine if a personal accident settlement could affect his ability to be eligible for this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements are payments made over a time period rather than a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment can affect any existing VA benefits as the VA will annualize and consider it income. In any case, if there are excess assets are left after the 12 month period when the settlement is annualized, Jim could be eligible for a new Pension benefit, but only if his assets are below a certain threshold that the VA determines to be a financial need.

Do I have to hire an attorney?

Many spouses, military personnel and former spouses have concerns about VA disability payments and their impact on money issues during a divorce. Some people believe, for instance, that Department of veterans disability Law firms (escortexxx.ca) Affairs compensation payments can be divided like military retirements in divorce cases or that they're "off limits" when calculating child support and Alimony. These misconceptions can result in financial mistakes that can have grave consequences.

While it is possible to do an initial claim for disability benefits on your own, many disabled veterans get the help of a qualified attorney. A qualified veteran's disability lawyer can review your medical documents and gather the required evidence to make a convincing case to the VA. The lawyer will also be able to file any appeals you may require to receive the benefits you are entitled to.

Furthermore, the majority of VA disability lawyers charge no 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 clearly specify the percentage of retroactive benefits to be paid to your lawyer. For instance your fee agreement may state that the government will pay the attorney up to 20% of the retroactive benefits or provide. You will be responsible for any additional amount.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. These payments are designed to help offset the impact of illnesses, injuries or disabilities that have been sustained or aggravated during a veteran's service. Like all incomes, veterans disability lawsuits disability benefits could be subject to garnishment.

Garnishment permits a court order that an employer or government agency stop cash from the pay of a person who has a debt and send it directly to a creditor. In the event of a divorce garnishment can be used to pay child or spousal maintenance.

There are situations where the benefits of a veteran could be repaid. The most common scenario involves the veteran who has waived their military retirement in order to claim disability compensation. In these instances the amount of pension apportioned to disability pay may be garnished for family support obligations.

In other instances the benefits of a veteran can be withdrawn to cover medical expenses or past due federal student loans. In these instances, a court can go directly to the VA to obtain the information they require. It is crucial for disabled veterans to hire a knowledgeable lawyer to ensure that their disability benefits are not taken away. This can prevent them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big aid to veterans and their families, however they're not without their own set of challenges. If a veteran gets divorced and receives an VA settlement then they must be aware of what this might do to their benefits.

One of the major issues in this context is whether disability payments are considered to be divisible assets in divorce. The issue has been resolved in a couple of ways. A Colorado court of appeals ruling 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 to pay alimony was a violation of USFSPA.

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

It is also important to know the impact divorce has on their disability benefits and how ex-spouses can slash their income. By knowing about these issues, veterans disability lawsuit can safeguard their benefits and avoid unintended consequences.