Ask Me Anything: 10 Answers To Your Questions About Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, Veterans disability Law firms 58 years old, is permanently disabled from his service in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He would like to know how the jury's verdict will affect his VA benefits. It won't. But it will have some impact on his other sources of income.

Do I have the right to receive compensation in the event of an accident?

You could be eligible for a settlement if have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement can assist in compensating you for medical expenses, lost income and other costs that resulted from your injury or sickness. The kind of settlement you'll be able to receive will depend on whether your health condition is non-service connected, the VA benefits you qualify for, and what your injury or accident will cost to treat.

Jim who is a 58-year old Vietnam veteran was diagnosed with permanent disabilities as a result of his two years of service. He hasn't got enough work space to qualify for Social Security disability benefits but the VA Pension benefit that offers cash and medical treatment for free in accordance with financial need. He wants to be aware of what the implications of a personal injury settlement could affect his eligibility to get 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 settlements that are paid over a time period rather than as a single payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payout will likely impact any benefits already in place because the VA considers it income and will annualize it. In any case, if there are excess assets are left after the period of twelve months when the settlement is annualized, Jim could reapply for the Pension benefit but only if his assets fall less than a minimum threshold that the VA agrees establishes financial need.

Do I require an attorney?

Many spouses, members of the military, and former spouses have questions about VA disability payments and their impact on money issues in divorce. Among other things, some people believe that the Department of Veterans Disability Law Firms Affairs' compensation payments can be divided like a military pension in a divorce or that they are "off limits" in the calculation of child support and alimony. These misconceptions could lead serious financial errors.

It is possible to file an application for disability benefits by yourself however, the majority of disabled veterans will require the help of a professional lawyer. A veteran's disability attorney will review your medical records to gather the evidence required to present a convincing case before the VA. The lawyer can also file any appeals you may need in order to get the benefits you deserve.

Most VA disability lawyers do not charge for veterans Disability law firms consultations. In addition the lawyer will typically 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 proportion of retroactive past-due benefits your lawyer will be paid should be outlined in your fee agreement. For example, a fee agreement can state that the government will pay the attorney up to 20% of retroactive benefits or pay. You will be responsible for any additional sums.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The funds are meant to alleviate the effects of illnesses, injuries or disabilities sustained or aggravated by a veteran's time of service. The benefits for veterans' disability are subject to garnishment just like other incomes.

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

There are some situations where veterans' benefits could be garnished. The most common scenario is veterans who have waived their military retirement in order to receive disability compensation. In these instances, the portion of pension that is devoted to disability pay can also be garnished to fulfill the family support obligations.

In other cases, a veteran's benefit may be garnished in order to cover medical expenses or federal student loans that are over due. In these cases, a court can go directly to the VA for the information they require. It is essential for a disabled veteran to find a competent lawyer to ensure that their disability benefits are not being snatched away. This will allow them to avoid being forced to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous aid to veterans and their families, but they're not without their own set of challenges. For instance in the event that a veteran gets divorced and receives a VA disability settlement, they should know how this could affect the benefits they receive.

One of the major issues in this context is whether or not the disability payments are considered divisible assets in divorce. This question has been answered in two ways. A Colorado court of appeals decision declared that VA disability payments were not property and therefore could not be divided this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments to pay an alimony payment was a violation of USFSPA.

Another issue that is related to this topic is the treatment of disability benefits to children for support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from utilizing disability benefits as income. Certain states take an alternative approach. Colorado, for example, adds all sources of income together to determine the amount needed to support a spouse. The state then adds on disability payments in order to take into account their tax-free status.

It is also crucial that veterans disability lawyer know how divorce will affect their disability benefits and how their spouses who divorced can garnish their compensation. By knowing about these issues, veterans can safeguard their income and avoid unintended consequences.