The Most Pervasive Problems With Veterans Disability Litigation

How a keyport veterans disability lawyer 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 would like to know if a jury verdict will impact his VA benefits. It will not. It will, however, affect his other sources of income.

Can I Receive Compensation for an accident?

You may be eligible for a settlement if were in the military but are now permanently disabled because of injuries or illnesses. This settlement will allow you to receive compensation for your medical bills, lost wages and other costs resulting from your injury or illness. The kind of settlement you can receive will depend on whether your medical condition is service-connected, or not connected, the VA benefits you qualify for, and what your injury or accident will cost to treat.

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 work space to qualify for Social Security Disability benefits, but he has the VA Pension which offers free medical care and cash based on his financial need. He wants to determine if a personal accident settlement will affect his ability to be eligible for this benefit.

The answer is contingent upon whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are the ones that are paid over a time frame rather than as a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum payment will likely impact any benefits already in place because the VA considers it to be income and will annually calculate it. In the event that there are any excess assets are left after the twelve-month period when the settlement is annualized Jim may be eligible to apply again for Vimeo the Pension benefit, but only if his assets fall below a threshold that the VA agrees establishes financial need.

Do I really need to hire an Attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its effect on the financial aspects of a divorce case. Some people believe, for instance, that Department of Veterans Affairs compensation payments are split like military retirements in a divorce case or that they’re “off limits” when it comes to calculating child support and alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

It is possible to file a claim for disability benefits yourself, but most disabled veterans will require the help of a skilled lawyer. A veteran’s disability attorney can examine your medical records in order to gather the evidence needed to present a convincing case to the VA. The lawyer will also be able to file any appeals you may need to get the benefits you’re entitled to.

Furthermore, the majority of VA disability lawyers don’t charge fees for consultations. The government will also pay the lawyer directly from your amount of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will be paid should be clearly outlined in your fee agreement. A fee agreement could say for instance that the government will pay the attorney up 20% of retroactive benefits. Any additional amounts will be your responsibility.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The funds are intended to compensate for some of the effects of disability, illness or injuries sustained or aggravated during a veteran’s military service. The veterans disability benefits are subject to garnishment, just like any other income.

Garnishment can be a legal proceeding that allows a judge to require an employer or government agency to take money from the pay of an employee who owes money, and then send them directly to a creditor. In the case of a divorce, garnishment may be used to pay spousal support or child support.

There are a few situations in which veterans’ benefits could be encashable. Most common is the veteran who has waived his retirement from the military in order to receive disability compensation. In these situations the amount of pension allocated to disability payments may be garnished for family support obligations.

In other situations, a veteran’s benefits can be garnished to pay for medical expenses or past due federal student loans. In these cases a court may be able to the VA to get the required information. It is important for disabled veterans to find a competent attorney to ensure that their disability benefits are not removed. This will prevent them from 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 do come with their own set of issues. For example when a veteran is divorced and receives an VA disability settlement, they should know what this means for the benefits they receive.

In this regard, the main question is whether or not disability payments are considered to be assets that can be divided during a divorce. This question has been addressed in two ways. One is through an Colorado court of appeals decision, which found that VA disability payments are not property and cannot be divided in that way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability payments for the purpose of alimony was in violation of USFSPA.

Another concern with this subject is how disability benefits are treated for purposes of child maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. However, certain states have taken a different approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then pluses up the disability payments to take into account that they are tax-free.

It is also essential to know how divorce affects their disability compensation and how ex-spouses can slash their income. By knowing about these issues, veterans can protect their income and avoid unwanted consequences.