5 Laws Anybody Working In Veterans Disability Litigation Should Know

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 receives a monthly pension benefit from the Department of Veterans Affairs.

He would like to know how a jury award will impact his VA benefits. The answer is not. However, it will affect his other income sources.

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 could help you receive compensation for your medical expenses, lost wages, and other costs resulting from your illness or injury. The type of settlement you can receive will depend on whether or not your injury or illness is related to service, what VA benefits you are eligible to receive, and the amount 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 doesn't have enough space for work to qualify for Social Security Disability benefits, however, he does have the VA Pension, which provides cash and medical treatment for free based on his financial need. He wants to determine if a personal accident settlement could affect his ability to receive this benefit.

The answer is contingent upon whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements require payments over time instead of a single payment. The amount paid by defendant is calculated to offset existing VA benefits. However, a lump sum payment will likely affect existing benefits since the VA considers it as income and will increase it. In any event, if extra assets remain after the twelve month period when the settlement is annualized Jim could be eligible for a new Pension benefit but only if his assets are lower than a threshold with which the VA agrees establishes financial need.

Do I need to hire an attorney?

Many spouses, members of the military, and former spouses are concerned about VA disability payments and their impact on financial issues during divorce. Some people believe, among other things that Department of Veterans Affairs compensation payments can be split like military retirements in divorce proceedings or Veterans disability Law firms that they're "off limits" in calculating child support and alimony. These misconceptions can lead to financial mistakes which can have serious consequences.

While it is possible to submit an initial claim for disability benefits on your own, many disabled veterans get the assistance of an experienced lawyer. An experienced veteran's disability lawyer will examine your medical documents and gather the necessary evidence to present a strong argument to the VA. The lawyer will also be able to file any appeals that you require to obtain the benefits you're entitled to.

Additionally, the majority of VA disability lawyers do not charge fees for consultations. Additionally that the lawyer will normally be paid by the government directly out of the retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will receive must be specified 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 amounts will be your responsibility.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA, it comes in the form of monthly payments. These payments are designed to compensate for the effects of injuries, diseases or disabilities that were suffered or aggravated during a veteran's service. The Veterans disability law firms disability benefits are subject to garnishment just like any other income.

Garnishment is a legal process that allows a court to order an employer or government agency to omit funds from the wages of a person who owes money and send them directly to a creditor. In the event of divorce, the garnishment could be used for child or spousal care.

There are a few situations in which the benefits of a veteran could be repaid. The most common situation involves a veteran who waived their military retirement in order to claim disability compensation. In these situations, the portion of the pension allocated to disability payments can be garnished for family support obligations.

In other situations, veteran’s benefits can also be garnished to cover medical expenses or federal student loans that are past due. In these situations the court could go directly to the VA to obtain the information they need. The disabled veteran should consult an experienced lawyer to protect their disability benefits. This will help them avoid having to depend on payday loans or 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 do come with specific complications. If a veteran divorces and receives a VA settlement then they must know what this will do to the benefits they receive.

In this regard, the main question is whether disability payments are considered assets which can be divided in a divorce. This question has been answered in two ways. One is through an Colorado court of appeals decision which concluded that VA disability payments are not property, and therefore cannot 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 that is related to this issue is how disability benefits are treated for purposes of child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from claiming disability benefits as income. Some states have an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds the disability payments to take account that they are tax free.

It is also essential that veterans disability law firms are aware of how divorce will affect their disability compensation and how their spouses who divorced could slash their benefits. By being knowledgeable about these issues, veterans disability attorneys can protect their compensation and avoid unwanted consequences.