Incontestable Evidence That You Need Veterans Disability Litigation

How a oregon veterans disability law firm Disability Settlement Can Affect a Divorce Case

Jim’s client, 58 years old, is permanently disabled due to his service in the military. He is able to receive a monthly pension from the Department of Veterans Affairs.

He would like to be aware of whether a verdict by a jury will impact his VA benefits. It won’t. But it will have an impact on his other sources of income.

Can I get compensation in the event of an accident?

You could be eligible for a settlement if you were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement can help you receive compensation for your medical bills, lost wages, and other expenses related to your illness or injury. The type of settlement that you could receive will depend on whether your illness or injury is related to service, what VA benefits you qualify 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 following two years of service during the Vietnam War. He isn’t in a position to have enough space for work to be eligible for Social Security Disability benefits, however, he does have a VA Pension that provides free medical treatment and cash according to his financial need. He would like to be aware of how a personal injury lawsuit will affect his eligibility to receive this benefit.

The answer is dependent on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements involve payments over a period of time rather than a single payment. The amount paid by the defendant is calculated to offset the existing VA benefits. In contrast, a lump sum payout is likely to affect any existing benefits because the VA considers it to be income and will annually calculate it. If Jim has assets that are not used up after the settlement has been annualized the applicant can apply again to receive the Pension benefit. However the assets must be less than a certain threshold that the VA has set to establish financial necessity.

Do I have to hire an attorney?

Many spouses, members of the military and former spouses are concerned about VA disability payments and their effect on financial issues in divorce. There are many other reasons, but some people believe that the Department of Veterans Affairs’ compensation payments can be split like a military pension in a divorce or that they are “off limits” in the calculation of child support and Alimony. These misconceptions could lead grave financial errors.

It is possible to submit an application for disability benefits yourself However, most disabled Raytown veterans disability Attorney would benefit from the assistance from a competent lawyer. An experienced veteran’s disability lawyer can review your medical records and gather the necessary evidence to present a strong argument to the VA. The lawyer can also help to file any appeals you may require to secure the benefits you are entitled to.

Most VA disability lawyers don’t charge for consultations. The government also pays the lawyer directly from your benefit of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will be paid should be outlined in your fee agreement. For instance, a fee agreement can state that the government will pay the lawyer up to 20% of retroactive benefits or pay. The attorney is responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The payments are meant to compensate for some of the effects of diseases, disabilities, or injuries sustained during or aggravated by a veteran’s military service. Like all incomes, veterans disability benefits can be subject to garnishment.

Garnishment lets a court order that an employer or a government agency withhold cash from the pay of a person who is in the process of paying the debt and pay it directly to a creditor. In the event of a divorce, garnishment could be used to pay spousal or child support or child support.

There are certain situations where the benefits of a veteran could be garnished. The most common scenario is those who have renounced their military retirement in order to receive disability compensation. In these scenarios the amount of pension that is allocated to disability payments can be garnished in order to meet family support obligations.

In other circumstances, veteran’s benefits could be seized to cover medical expenses or federal student loans that are over due. In these situations a court may be able to direct the case to the VA to get the required information. It is important for a disabled veteran to hire 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 are a great assistance to veterans and their families. However they have their own set complications. If a veteran gets divorced and receives an VA settlement and is eligible, they should be aware of the implications to the benefits they receive.

In this regard one of the major issues is whether disability payments count as assets that can be divided during a divorce. This issue has been addressed in a couple of ways. One is through the Colorado court of appeals decision which concluded that VA disability payments are not property and can’t be divided as such. 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 with 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. However, some states have taken the opposite approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then pluses up the disability benefits to take into the fact that they are tax-free.

It is also important to know how divorce can affect their disability benefits and how their spouses who divorced could take advantage of their compensation. By being informed about these issues, vets can protect their income as well as avoid the unintended consequences.