There Is No Doubt That You Require Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim’s client, a 58 year old man, is permanently disabled due to his military service. He receives a monthly Pension benefit from the Department of monmouth veterans disability lawyer Affairs.

He would like to find out if a verdict from a jury will affect his VA benefits. It won’t. However, it could have an impact on his other sources of income.

Can I Receive Compensation in the event of an accident?

If you have served in the military, and are permanently disabled because of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will help pay you for medical expenses, lost income and other expenses resulting from your injury or sickness. The type of settlement you can receive will depend on whether or not your injury or illness is service-connected, what VA benefits you are eligible to receive, and the amount to treat your injury or accident.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service during the Vietnam War. He doesn’t have enough work quarters to qualify for Social Security disability benefits but the VA Pension benefit that offers medical care and cash in accordance with financial need. He wants to know how a personal injury settlement will affect his eligibility to receive this benefit.

The answer depends on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are based on installments over time rather than one payment. The amount paid by defendant is calculated to offset the existing VA benefits. In contrast, a lump sum payout is likely to affect any existing benefits because the VA considers it to be income and will annually calculate it. If Jim has surplus assets after the settlement is annually adjusted, he can reapply to receive the Pension benefit. However, his assets must be below a threshold the VA has determined to be a financial necessity.

Do I require an Attorney?

Many spouses, members of the military and former spouses are concerned about VA disability benefits and their effect on financial issues during a divorce. Among other things, some people think that the Department of Aventura Veterans Disability Law Firm Affairs’ compensation payments can be split as a military pension in a divorce or that they are «off limits» in the calculation of child support and Alimony. These misconceptions may lead to serious financial mistakes.

While it is possible to file an initial claim for [empty] disability benefits by yourself, the majority of disabled veterans benefit from the assistance of a skilled lawyer. A veteran’s disability lawyer who is experienced will review your medical documents and gather the required evidence to present a strong argument to the VA. The lawyer can also file any appeals that you may need in order to receive the benefits you deserve.

The majority of VA disability lawyers do not charge for consultations. In addition the lawyer will usually be paid by the government directly from your award of retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will be paid should be 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 are your obligation.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. These payments are designed to alleviate the effects of illnesses, injuries or disabilities sustained or worsened during the veteran’s time of service. The benefits for oak grove veterans disability attorney with disabilities are subject to garnishment just like any other income.

Garnishment lets a court order that an employer or government agency deduct cash from the pay of a person who is in the process of paying an amount and then pay it directly to a creditor. In the event of divorce, garnishment can be used to pay spousal support or child support.

However, there are a few situations where disability benefits are able to be repaid. The most common situation involves the veteran who has waived their military retirement to get disability compensation. In these situations the part of pension that is devoted to disability pay can also be garnished to fulfill the family support obligations.

In other instances, a veteran’s benefits may also be seized to cover medical expenses or federal student loans that are over due. In these cases the court might be able to direct the case to the VA to get the required information. The disabled veteran should consult an experienced attorney to safeguard their disability benefits. This can help them avoid being forced to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge assistance to veterans and their families. However they also come with certain complications. For instance the case where a veteran is divorced and is awarded an VA disability settlement, they should be aware of how this could affect the benefits they receive.

In this regard the most important question is whether or not disability benefits are considered assets that can be split in a divorce. This issue has been settled in a variety of ways. A Colorado court of appeals decision determined that VA disability payments were not property and could not be divided in this manner. Another way is through a U.S. Supreme Court ruling in Howell which held that garnishing the veteran’s VA disability benefits to pay alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this topic is how the disability benefits are treated to determine child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from utilizing disability benefits as income. However, some 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 adds up the disability benefits to take into the fact that they are tax-free.

It is also essential to know how divorce can affect their disability benefits and how their spouses who divorced could take advantage of their compensation. By being informed about these issues, vets can protect their income and avoid any unintended consequences.