“The Ultimate Cheat Sheet” For Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

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

He would like to know how the jury’s verdict will affect his VA benefits. It won’t. However, it will have an impact on his other sources of income.

Can I get compensation in the event of an accident?

If you’ve been in the military and are now permanently disabled because of injuries or illnesses, you could be eligible for a hatboro veterans disability attorney disability settlement. This settlement can help compensate you for medical expenses, lost income and other expenses resulting from your illness or injury. The kind of settlement you can get depends on whether or not your condition is service-connected or not connected, which VA benefits you qualify for, and how much your accident or injury will cost to treat.

Jim who is a 58-year old Vietnam veteran was diagnosed with permanent disabilities because of his two years of service. He isn’t in a position to have enough work space to be eligible for Social Security Disability benefits, however, he is able to claim the VA Pension, which provides cash and medical care for free based on his financial need. He would like to learn how a personal injury settlement can affect his ability to receive this benefit.

The answer will depend on whether the settlement is a lump-sum or a structured one. Structured settlements are payments made over a period of time instead of in one payment, and the amount paid by the defendant is used to offset any existing VA benefits. However, a lump sum payment will likely alter any existing benefits as the VA considers it as income and will increase it. If Jim has surplus assets after the settlement is annualized and he wants to reapply, he will be eligible for the pension benefit. However his assets must be below a minimum threshold that the VA has determined to be a financial necessity.

Do I have to hire an attorney?

Many spouses, service members and former spouses are concerned about VA disability benefits and their impact on money issues in divorce. Some people believe, for instance, that Department of Veterans Affairs compensation payments can be divided like an army retirement in a divorce case or that they’re “off limits” when it comes to calculating child support and alimony. These misconceptions can lead to financial mistakes which can have serious consequences.

While it is possible to do an initial claim for disability benefits on your own, the majority of disabled veterans can benefit from the assistance of an experienced lawyer. A disability attorney for veterans can examine your medical records in order to collect the evidence necessary to argue your case in front of the VA. The lawyer can also file any appeals that you may require to receive the benefits you deserve.

Most VA disability lawyers don’t charge for consultations. Additionally, the lawyer will generally be paid by the government directly from the retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past-due benefits your lawyer will receive should be outlined in your fee agreement. A fee agreement could stipulate, for example, that the government will give the attorney up to 20% of retroactive benefits. Any additional amounts are your the responsibility of the attorney.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled new bedford veterans disability lawyer. The funds are intended to offset some of the effects of diseases, disabilities, or injuries sustained during or aggravated by a veteran’s military service. Like all income, the veterans disability benefits could be subject to garnishment.

Garnishment permits a court order that an employer or government agency deduct money from the pay of an individual who owes an obligation and pay it directly to the creditor. In the event of a divorce the garnishment could be used for child or spousal maintenance.

There are situations where the benefits of a veteran can be garnished. Most common is the veteran who waived his military retirement to receive disability compensation. In these instances, the portion of the pension that is attributed to disability benefits may be garnished for family support obligations.

In other situations, a veteran’s benefits can be seized to pay medical expenses or past-due federal student loans. In these situations the court might be able to direct the case to the VA to obtain the necessary information. It is essential for a disabled veteran to find a competent attorney to ensure that their disability benefits aren’t garnished. This can help them avoid having to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to veterans and their families. However they also come with specific complications. For example in the event that a veteran gets divorced and is awarded an VA disability settlement, they should be aware of how this will affect their benefits.

One of the major issues in this regard is whether or not disability benefits are considered divisible assets in a divorce. This question has been addressed in two ways. One option is a Colorado court of appeals ruling that concluded that VA disability payments are not property and can’t be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments to pay the purpose of alimony was in violation of USFSPA.

Another concern with this topic is how the disability benefits are interpreted in the context 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. Certain states use an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds the disability payments to take into account that they are tax-free.

Additionally, it is essential that veterans understand how their disability compensation will be affected when they get divorced and how their spouses’ ex-spouses could affect their compensation. By being aware of these issues, veterans can safeguard their benefits and avoid unwanted consequences.