The Biggest "Myths" About Veterans Disability Litigation Could Actually Be Accurate

How a pasco Veterans Disability attorney Disability Settlement Can Affect a Divorce Case

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

He wants to know how a jury award will impact his VA benefits. It will not. But it will have some impact on the other sources of income he has.

Can I claim compensation for an accident?

If you've been in the military but are now permanently disabled due to injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will help pay you for medical bills, lost income and other costs that resulted from your illness or injury. The kind of settlement you are eligible for pasco veterans disability attorney will depend on whether or not your illness or injury is related to service, what VA benefits you are eligible for, as well as the cost to treat your accident or injury.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He isn't in a position to have enough work space to be eligible for Social Security Disability benefits, but he has an VA Pension that offers free medical care and cash according to his financial need. He wants to understand how a personal injury settlement could affect his eligibility to benefit from this benefit.

The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements are based on the payment of over time rather than one lump sum payment. The amount paid by the defendant is calculated to offset existing VA benefits. A lump sum payment will impact any existing VA benefits because the VA will annually assess and count it as income. In any case, if there are excess assets are left over after the period of twelve months after the settlement is annually recalculated, Jim could be eligible for a new pension benefit, but only if his assets are below a threshold that the VA determines to be a financial need.

Do I Need to Hire an attorney?

Many spouses, service members, and former spouses are concerned about VA disability payments and their impact on money issues during divorce. Some people believe, among other things that the Department of Veterans Affairs compensation payments can be split like an army retirement in a divorce case or that they're "off limits" when calculating child support and Alimony. These misconceptions can lead to serious financial errors.

It is possible to file a claim for disability benefits on your own However, most disabled florida city veterans disability lawyer will benefit from the assistance of a qualified lawyer. A veteran's disability lawyer who is experienced can examine your medical records and gather the necessary evidence needed to build a strong argument to the VA. The lawyer can also file any appeals that you might require to get the benefits you deserve.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. In addition the lawyer will usually be paid by the government directly out of the retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly define the percentage of retroactive benefits that will be paid to your lawyer. For instance, a fee agreement can provide that the government can pay the lawyer up to 20% of the retroactive benefits or award. The attorney is responsible for any additional amount.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA the compensation is paid in the form of monthly payments. The purpose of the payments is to offset the effects of diseases, injuries or disabilities that were sustained or aggravated by a veteran's service. The veterans disability benefits are subject to garnishment just like other incomes.

Garnishment is a court-ordered procedure that an employer or government agency stop cash from the pay of a person who has an obligation and pay it directly to the creditor. In the event of a divorce, garnishment could be used to pay spousal support or child support.

There are certain situations where the benefits of a veteran can be garnished. The most frequent scenario involves the veteran who has waived their military retirement in order to claim disability compensation. In these cases the amount of pension allocated to disability payments could be garnished to meet family support obligations.

In other circumstances, a veteran's benefits can be garnished to pay for medical expenses or past-due federal student loans. In these instances the court could go directly to the VA for the information they require. A disabled veteran should hire an experienced attorney to protect their disability benefits. This can stop them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help for veterans and their families, but they're not without their own set of complications. If a veteran gets divorced and receives an VA settlement, he or she should know what this will do to their benefits.

In this case one of the major issues is whether or not disability payments are considered assets that could be divided during a divorce. This question has been answered in two ways. One way is by a Colorado court of appeals ruling that concluded that VA disability payments are not property and can't be divided as such. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability benefits for the purpose of alimony was in violation of USFSPA.

Another concern with this issue is how disability benefits are treated to determine child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from utilizing disability benefits as income. However, some states have adopted a different approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then adds disability payments to take account that they are tax free.

Additionally, it is essential for veterans to know how their disability benefits will be affected when they get divorced and pasco veterans disability attorney how their spouses who divorced them can take advantage of their benefits. By being knowledgeable about these questions, veterans can guard their compensation and avoid unintended consequences.