This Is The Ugly Reality About Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim’s client, a 58 year old man is permanently disabled because of his military service. He gets a monthly pension from the Department of Veterans Affairs.

He wants to know if an award from a jury will affect his VA benefits. It will not. However, it will affect the income sources of his other income sources.

Do I have the right to receive compensation for an accident?

You could be eligible for a settlement in the event that you served 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 expenses related to your illness or injury. The kind of settlement you’ll receive depends on whether your condition is service-connected or not connected, the VA benefits you are eligible for, and how much your injury or accident will cost to treat.

Jim, a 58 year old Vietnam veteran was diagnosed with permanent disabilities because of 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 provides cash and free medical assistance in accordance with financial need. He wants to know if a personal injury settlement would affect his ability be eligible for this benefit.

The answer will depend on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements involve payments over time rather than one single payment. The amount paid by the defendant is calculated to offset the existing VA benefits. A lump sum settlement will impact any existing VA benefits because the VA will annually assess and count it income. If Jim has surplus assets after the settlement has been annualized and he wants to reapply, he will receive the Pension benefit. However his assets must be under a limit that the VA has agreed establishes financial necessity.

Do I need to hire an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and the impact it has on money issues in divorce cases. Some people believe, for instance, that Department of point pleasant beach veterans disability lawsuit Affairs compensation payments can be split as the military retirement in divorce proceedings or that they’re “off limits” in calculating child support and alimony. These misconceptions can lead to serious financial mistakes.

While it is possible to do an initial claim for disability benefits on your own, most disabled veterans can benefit from the assistance of a skilled 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 file any appeals that you may require to get the benefits you deserve.

The majority of VA disability lawyers don’t charge for consultations. Additionally the lawyer will typically be paid by the government directly from your award of retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will be paid should be clearly outlined in your fee agreement. A fee agreement could stipulate that, for example, the government would pay the attorney 20 percent of retroactive benefits. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA it is in the form of monthly payments. The payments are meant to alleviate some of the effects of disabilities, diseases or injuries sustained or aggravated due to a veteran’s military service. As with all income, veterans disability benefits are subject to garnishment.

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

However, there are a few situations where disability benefits could be repaid. The most common scenario is a veteran who waived their military retirement in order to receive disability compensation. In these scenarios, the portion of pension that is devoted to disability benefits can be garnished in order to pay for family support obligations.

In other instances it is possible for a veteran’s benefits to be garnished to pay for medical expenses or past due federal student loans. In these instances the court can go directly to the VA for the information they require. It is essential for a disabled veteran to work with a reputable attorney to ensure that their disability benefits are not removed. This will prevent them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge assistance to leland veterans disability lawyer and their families, but they’re not without their own set-of complications. For instance in the event that a veteran gets divorced and receives an VA disability settlement, they need to know how this could affect the benefits they receive.

One of the major issues in this context is whether disability payments count as divisible assets in divorce. This question has been resolved in two ways. One method is a Colorado court of appeals decision which concluded that VA disability payments are not property and can’t be divided in that way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability benefits for the purpose of alimony was in violation of USFSPA.

Another concern related to this issue is the treatment of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. However, certain states have adopted different approaches. Colorado for instance, takes all income sources together to determine the amount required to support a spouse and then adds disability benefits to reflect their tax-free status.

It is also vital that Yazoo City Veterans Disability Lawyer understand the impact divorce has on their disability benefits and how their spouses who divorced can garnish their compensation. By being informed about these issues, veterans can ensure their compensation as well as avoid any unintended consequences.