The Biggest “Myths” Concerning Veterans Disability Litigation Might Be True

How a Rancho santa margarita veterans Disability attorney Disability Settlement Can Affect a Divorce Case

Jim’s 58 year old client is permanently disabled because of his service in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to know if the verdict of a jury will impact his VA benefits. The answer is that it will not. However, it will have an impact on his other sources of income.

Can I Get Compensation for an Accident?

You could be eligible for a settlement if you served in the military but are now permanently disabled because of injuries or illnesses. This settlement will help pay you for medical expenses, lost income and other costs that resulted from your illness or injury. The type of settlement that you can receive will depend on whether or not your illness or injury is service-related, what VA benefits you qualify for, and the cost to treat your accident or injury.

Jim, a 58 year old Vietnam veteran was diagnosed with permanent disabilities due to his two years of service. He does not have enough working space to be eligible for Social Security disability benefits but He does have a VA Pension benefit, which offers cash and free medical assistance dependent on financial need. He wants to learn what the implications of a personal injury settlement can affect his ability to benefit from this benefit.

The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are settlements that are paid over a period of time rather than in a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment can affect any existing VA benefits because the VA will annualize and consider it to be income. If Jim has surplus assets after the settlement is annually adjusted then he is eligible to be eligible for the pension benefit. However the assets must be below a threshold the VA has set to establish financial necessity.

Do I have to hire an attorney?

Many spouses, members of the military, and former spouses have concerns about VA disability payments and their effect on financial issues during a divorce. Among other things, some people think that the Department of Veterans Affairs’ compensation payments can be split as a military pension in divorce or are “off limits” when it comes to calculation of child support and alimony. These misconceptions can lead to financial errors that can have grave consequences.

It is possible to submit a claim for disability benefits on your own, but most disabled veterans would require the help of a professional lawyer. A qualified veteran’s disability lawyer will review your medical records and gather the necessary evidence needed to build a strong argument to the VA. The lawyer can also help to submit any appeals you need to get the benefits you’re entitled.

Furthermore, the majority of VA disability lawyers don’t charge fees for consultations. The government will also pay the lawyer directly from your payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past-due benefits your lawyer will receive should be clearly outlined in your fee agreement. For instance your fee agreement may specify that the government will pay the attorney up to 20% of the retroactive benefits or pay. You will be accountable for any additional sums.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. These payments are designed to offset some of the effects of disabilities, diseases or injuries that are sustained or aggravated during a veteran’s military service. The veterans disability benefits are subject to garnishment as is any other income.

Garnishment allows a court order that an employer or government agency deduct money from the wages of a person who has a debt and send it directly to the creditor. In the event of divorce, garnishment may be used to pay spousal maintenance or child support.

There are a few circumstances where a veteran’s disability benefits can be garnished. The most frequent is the veteran who has waived his retirement from the military in order to receive disability compensation. In these situations the amount of pension that is devoted to disability payments can be garnished to meet family support obligations.

In other circumstances ventnor city veterans disability law firm‘ benefits could be garnished to pay for medical expenses or past-due federal student loans. In these instances the court may be able to the VA to get the required information. It is crucial for disabled veterans to work with a reputable lawyer to ensure that their disability benefits are not removed. This will help them avoid being forced to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big help for veterans and their families, however they come with their own set of challenges. If a veteran gets divorced and receives an VA settlement it is important to know what this will do to the benefits they receive.

A major issue in this regard is whether disability benefits are considered divisible assets in divorce. This question has been resolved in a couple of ways. A Colorado court of appeals ruling found 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 benefits for Alimony was against the USFSPA.

Another issue related to this topic is how the disability benefits are interpreted for purposes of child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from claiming disability benefits as income. However, some states have chosen to take the opposite approach. Colorado, for example, adds all income sources together to determine the amount needed to support a spouse. It then adds on disability payments to reflect their tax-free status.

It is also important for veterans to be aware of how their disability compensation will be affected if they are divorced and how their spouses who divorced them can be able to garnish their compensation. If they are aware of these questions, veterans can guard their compensation and avoid unintended consequences.