There Is No Doubt That You Require Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled due to his service in the military. He receives a monthly pension benefit from the Department of veterans disability litigation Affairs.

He wants to know if a jury verdict will impact his VA benefits. It will not. However, it could have an impact on the other sources of income he has.

Can I get compensation in the event of an accident?

You may be eligible for a settlement if you have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement can allow you to get compensation for medical expenses, lost wages, and other expenses resulting from your injury or illness. The kind of settlement you can receive will depend on whether or not your injury or illness is a result of a service connection, the VA benefits you qualify to receive, Veterans Disability Settlement and the amount to treat your accident or injury.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He hasn't got enough work space to be eligible for Social Security disability benefits but He does have a VA Pension benefit, which offers cash and medical treatment for free in accordance with financial need. He wants to determine if a personal accident settlement would affect his eligibility to be eligible for this benefit.

The answer depends on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are payments made over a time period rather than in a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will affect any existing VA benefits since the VA will annually assess and count it to be income. In the event that there are any excess assets remain after the twelve-month period when the settlement has been annualized Jim could reapply for the Pension benefit but only if his assets fall less than a minimum threshold that the VA accepts as establishing financial need.

Do I require an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on money issues in divorce cases. Some people believe, among other things that the Department of veterans disability litigation Affairs compensation payments can be split like military retirements in divorce cases or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can lead to financial errors that have serious repercussions.

It is possible to submit a claim for disability benefits on your own however, the majority of disabled veterans will benefit from the assistance of a qualified lawyer. An experienced veteran's disability lawyer can examine your medical documents and Veterans Disability Settlement gather the necessary evidence to make a convincing case to the VA. The lawyer can also file any appeals you may need in order to receive the benefits you are entitled to.

Additionally, the majority of VA disability lawyers do not charge fees for consultations. In addition, the lawyer will generally be paid by the government directly from the retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should specify clearly the proportion of retroactive benefits to be paid to your lawyer. For example your fee agreement may provide that the government can pay the lawyer up to 20% of retroactive benefits or pay. You will be responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The payments are intended to help offset the impact of diseases, injuries or disabilities sustained or aggravated during the course of a veteran's time of service. The benefits for veterans with disabilities are subject to garnishment, like any other income.

Garnishment is a court-ordered procedure that an employer or a government agency withhold money from the wages of a person who owes a debt and send it directly to a creditor. In the event of divorce, garnishment can be used to pay child or spousal care.

There are a few situations where disability benefits can be repaid. The most common scenario is veterans disability attorneys who have waived their military retirement in order to receive disability compensation. In these instances the amount of pension that is allocated to disability benefits can be garnished in order to meet family support obligations.

In other circumstances, veteran's benefits may also be seized to cover medical expenses or federal student loans that are over due. In these instances a judge can refer a case directly to the VA for the information they require. A disabled veteran should seek out an experienced lawyer to protect their disability benefits. This can stop 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 help to veterans and their families. However they do come with their own set complications. For example in the event that a veteran gets divorced and is awarded a VA disability settlement, they should be aware of what this means for the benefits they receive.

A major issue in this regard is whether disability payments are considered to be divisible assets in a divorce. This question has been resolved in two ways. One option is a Colorado court of appeals ruling that concluded that VA disability payments are not property, and therefore cannot be divided as such. Another method is the U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability payments to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern that is related to this issue is how disability benefits are interpreted for purposes of child maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from utilizing disability benefits as income. Certain states take an alternative approach. Colorado for instance takes all income sources together to determine the amount needed to support a spouse and then adds on disability payments to reflect their tax-free status.

It is also vital that veterans understand the impact divorce has on their disability compensation and how their ex spouses can garnish their compensation. By being informed about these issues, veterans can safeguard their benefits as well as avoid unintended consequences.