The Steve Jobs Of Veterans Disability Litigation Meet The Steve Jobs Of The Veterans Disability Litigation Industry

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled from his service in the military. He is able to receive a monthly pension from the Department of crawfordsville veterans disability attorney Affairs.

He would like to know how the verdict of a jury will affect his VA benefits. The answer is not. However, it will have an impact on the income sources of his other income sources.

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

If you've served in the military but are now permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can help compensate you for medical bills, lost income and other expenses that resulted from your injury or sickness. The kind of settlement you can receive will depend on whether your illness or injury is service-connected, what VA benefits you qualify for, and the amount you will need to treat your accident or injury.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He does not have enough work space to be eligible for Social Security disability benefits but the VA Pension benefit that provides cash and free medical assistance dependent on financial need. He wants to know if a personal injury settlement would affect his ability 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 involve payments over time, rather than one payment. The amount paid by the defendant is calculated to offset existing VA benefits. A lump sum payment will affect any existing VA benefits because the VA will annualize and consider it to be income. In either case, if excess assets remain after the period of twelve months when the settlement has been annualized Jim could apply again for the Pension benefit, but only if his assets fall below a threshold that the VA is able to agree establishes financial need.

Do I need to hire an attorney?

Many spouses, members of the military and former spouses have questions about VA disability benefits and their impact on financial issues during a divorce. There are many other reasons, but some people believe that the Department of linden veterans disability law firm Affairs' compensation payments can be split like a pension from a military service in a divorce or that they are "off limits" in the calculation of child support and Alimony. These misconceptions could lead to financial mistakes that have serious consequences.

While it is possible to do an initial claim for disability benefits on your own, most disabled veterans can benefit from the assistance of a skilled lawyer. A veteran's disability attorney will examine your medical records to collect the evidence necessary to argue your case to the VA. The lawyer can also file any appeals that you may need in order to get the benefits you are entitled to.

Most VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from your amount of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will receive should be outlined in your fee agreement. A fee agreement could stipulate, for example, that the government will pay the attorney 20 percent of retroactive benefits. You will be accountable for any additional sums.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The payments are intended to offset the effects of diseases, injuries or disabilities that have been sustained or worsened during the veteran's time of service. The benefits for veterans with disabilities are subject to garnishment like any other income.

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

There are certain situations where a veteran's benefits can be repaid. The most common scenario is a veteran who waived their military retirement in order to claim disability compensation. In these situations the amount of pension that is devoted to disability compensation can be garnished in order to pay for family support obligations.

In other situations, a veteran's benefits can be seized to pay medical expenses or past due federal student loans. In these situations a judge can refer a case directly to the VA to obtain the information they require. The disabled veteran should consult an experienced lawyer to protect their disability benefits. This will 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 an enormous assistance to veterans and their families, however they come with their own set of complications. If a veteran gets divorced and receives a VA settlement, he or she should know what this will do to the benefits they receive.

In this regard, a major vimeo.Com question is whether or not disability payments count as assets that could be divided during a divorce. The question has been answered in two ways. One option is a Colorado court of appeals decision, which found that VA disability payments are not property, letts.org and therefore cannot be divided as such. Another way is through an U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability benefits to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue related to this issue is how disability benefits are treated to determine child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. However, some states have chosen to take different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then pluses up the disability payments to take into account that they are tax-free.

It is also vital that veterans understand how divorce can affect their disability compensation and how ex-spouses could take advantage of their compensation. By being informed about these issues, vets can safeguard their benefits and avoid the unintended consequences.