10 Apps To Help Manage Your Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled due to his service in the military. He receives a monthly pension benefit from the Department of Veterans Affairs.

He wants 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.

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

You could be eligible for a settlement in the event that you were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement can help you get compensation for medical expenses, lost wages, and other expenses resulting from 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 qualify for, and what your injury or accident will cost to treat.

Jim, a 58 year veteran of the Vietnam war was diagnosed with permanent disabilities as a result of his two years of service. He does not have enough work space to qualify for Social Security Disability benefits, however, he can claim the VA Pension, which provides cash and medical treatment for free according to his financial need. He wants to know how a personal injury settlement will affect his eligibility to receive this benefit.

The answer will depend on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are those that are made 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. A lump sum settlement can impact any existing VA benefits because the VA will annually calculate and consider it income. In the event that there are any excess assets remain after the 12 month period after the settlement is annually recalculated, Jim could apply again for the Pension benefit but only if his assets fall below a threshold that the VA accepts as establishing financial need.

Do I need to hire an attorney?

Many spouses, members of the military, and former spouses have concerns about VA disability benefits and their effect on financial issues during a divorce. Some people think, for instance, that Department of franklin veterans disability attorney Affairs compensation payments can be split as an army retirement in a divorce case or that they're "off limits" in calculating child support and alimony. These misconceptions can lead to financial mistakes that have serious repercussions.

It is possible to submit an application for disability benefits on your own However, most disabled new smyrna beach veterans disability lawyer would require the help of a professional lawyer. A qualified veteran's disability lawyer can review your medical records and gather all the necessary evidence needed to build a strong case to the VA. The lawyer will also be able to make any appeals you need to get the benefits you're entitled to.

Moreover, most VA disability lawyers don't charge fees for consultations. Additionally the lawyer will typically be paid by the government directly out of your award of retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly define the percentage of retroactive benefits to be paid to your lawyer. For instance an agreement on fees could specify that the government will pay the lawyer up to 20% of retroactive benefits or pay. Any additional amounts are your obligation.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA, it comes in the form of monthly payments. The payments are meant to compensate for some of the consequences of illnesses, disabilities or injuries sustained or aggravated by a veteran's military service. The benefits for cedar park veterans disability law firm - vimeo.com,' disability are subject to garnishment, just like any other income.

Garnishment is a legal process that permits a court to make an order to an employer or government agency to withhold funds from the pay of someone who owes money and transfer them directly to a creditor. In the event of divorce, the garnishment could be used for child or spousal support.

There are a few situations in which a veteran's disability benefits are able to be refunded. The most frequent is the veteran who has waived his retirement from the military in order to receive disability compensation. In these cases the amount of pension that is allocated to disability pay can be garnished for family support obligations.

In other cases the benefits of a veteran can be garnished to pay for medical expenses or past-due federal student loans. In these cases a judge can refer a case directly to the VA for the information they require. It is crucial for disabled veterans to hire a knowledgeable lawyer to ensure that their disability benefits aren't being snatched away. This can help them avoid being forced to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous aid to veterans and their families. However they have their own set complications. For instance, if a veteran gets divorced and receives an VA disability settlement, they need to know how this could affect their benefits.

One of the major issues in this context is whether or not disability payments are considered to be divisible assets 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 therefore could not be divided in this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability benefits for alimony was a violation of USFSPA.

Another concern relating to this subject is the treatment of disability benefits for child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from counting disability benefits as income. Certain states take a different approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds disability benefits to take into account that they are tax-free.

It is also important that veterans know how divorce can affect their disability compensation and how their spouses who divorced could slash their benefits. By being aware of these issues, vets can protect their compensation as well as avoid the unintended consequences.