What s The Job Market For Veterans Disability Litigation Professionals

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled as a result of his service in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to know how the jury's verdict will impact his VA benefits. The answer is that it will not. It will, however, affect the other sources of income he earns.

Can I receive compensation in the event of an accident?

If you've served in the military, and are permanently disabled due to injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can help compensate you for medical expenses, lost income and other costs that resulted from your illness or injury. The type of settlement you can get depends on whether or not your medical condition is service-connected, or not connected, what VA benefits you qualify for, and what your accident or injury will cost to treat.

Jim who is a 58-year veteran of the Vietnam war was diagnosed with permanent disabilities because of his two years of service. He doesn't have enough space for work to be eligible for Social Security Disability benefits, however, he is able to claim the VA Pension, which provides free medical treatment and cash based on his financial need. He would like to know if a personal injury settlement could affect his ability to get this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements are settlements that are paid over a time frame instead of in one payment and the amount paid by the defendant is calculated 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 event, if extra assets remain after the twelve-month period when the settlement has been annualized Jim could be eligible for a new pension benefit, but only if his assets fall less than a minimum threshold that the VA is able to agree establishes financial need.

Do I really need to hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its effect on the financial aspects of divorce cases. In addition, some people think that the Department of Veterans Affairs' compensation payments can be split like a military pension divorce or are "off limits" in the calculation of child support and alimony. These misconceptions can lead to grave financial errors.

It is possible to file a claim for disability benefits on your own, but most disabled veterans will require the help from a competent lawyer. A qualified veteran's disability lawyer will examine your medical records and gather all the necessary evidence needed to build a strong argument to the VA. The lawyer can also file any appeals you may need in order to get the benefits you are entitled to.

Most 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. Your fee agreement should clearly define the percentage of retroactive benefits to be paid to your lawyer. For instance the fee agreement could state that the government will pay the lawyer up to 20% of the retroactive benefits or provide. The attorney is responsible for any additional amounts.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA, it comes in the form of monthly payments. The funds are meant to compensate for the effects of diseases, injuries or disabilities that were sustained or aggravated during the course of a veteran's time of service. Like all incomes, veterans disability benefits can be subject to garnishment.

Garnishment is a legal process that allows a court to order an employer or government agency to omit funds from the wages of a person who owes money and send them directly to a creditor. In the event of divorce, garnishment may be used to pay spousal or child support or child support.

However, there are a few situations where disability benefits may be garnished. The most common scenario is that of a veteran who renounced his military retirement in order to receive disability compensation. In these scenarios the part of pension that is allocated to disability payments can be garnished in order to fulfill the family support obligations.

In other circumstances, a veteran's benefits can be seized to pay medical expenses or past due federal student loans. In these cases the court might be able to direct the case to the VA to get the required information. A disabled veteran should hire an experienced attorney to safeguard their disability benefits. This can help them avoid having to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help to veterans disability attorney and their families. However they have their own set of complications. If a veteran is divorced and receives an VA settlement then they must be aware of the impact this could have to their benefits.

In this case, a major question is whether or not disability payments are considered to be assets that could be divided in divorce. This issue has been settled in a variety of ways. A Colorado court of appeals ruling determined that VA disability payments were not property and therefore could not be divided this manner. Another option is the U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this topic is how the disability benefits are treated to determine child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. Some states have a different approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then pluses up the disability payments to take account that they are tax-free.

It is also important that veterans know how divorce affects their disability benefits and how their ex spouses can garnish their compensation. By being informed about these issues, veterans can ensure their compensation and avoid any unintended consequences.