Why No One Cares About Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled due to his time in the military. He is able to receive a monthly pension from the Department of riverton veterans disability Affairs.

He would like to know if a jury verdict will impact his VA benefits. It won't. However, it will have an impact on the income sources of his other income sources.

Can I get compensation for an accident?

You may be eligible to receive a settlement if you have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement will help pay you for medical bills, lost income and other expenses resulting from your illness or Port Jefferson Veterans Disability injury. The kind of settlement you will receive 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 injury or accident.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He does not have enough working space to be eligible for Social Security disability benefits but He does have a VA Pension benefit that offers cash and free medical care in accordance with financial need. He wants to determine if a personal accident settlement would affect his ability be eligible for this benefit.

The answer is contingent upon whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements require payments over a period of time rather than a single payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum settlement will impact any existing VA benefits because the VA will annually calculate and consider it as income. In any event, if extra assets are left after the period of twelve months after the settlement is annually recalculated, Jim may be eligible to apply again for the Pension benefit, but only if his assets fall lower than a threshold with which the VA accepts as establishing financial need.

Do I need to employ an attorney?

Many spouses, military personnel, and former spouses have concerns about VA disability benefits and their impact on financial issues in divorce. There are many other reasons, but some people think that the Department of Veterans Affairs' compensation payments can be divided like a pension from a military service in divorce or are "off limits" in calculation of child support and Alimony. These misconceptions could lead serious financial mistakes.

While it is possible to do an initial claim for disability benefits on your own, the majority of disabled Cherokee Veterans Disability require the help of a qualified attorney. A disability attorney for goldsboro veterans disability can look over your medical records and collect the evidence necessary to make a strong case before the VA. The lawyer can also file any appeals that you may require to receive the benefits you deserve.

Furthermore, the majority of VA disability lawyers don't charge fees for consultations. The government will also pay the lawyer directly from your payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will receive should be clearly stated in your fee agreement. For example the fee agreement could specify that the government will pay the lawyer up to 20% of retroactive benefits or pay. You are responsible for any additional amounts.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The funds are meant to alleviate the effects of diseases, injuries or disabilities sustained or aggravated by a veteran's service. Like other income sources, benefits for island lake veterans disability with disabilities are subject to garnishment.

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

However, there are certain circumstances where a veteran's disability benefits could be garnished. Most often, it is the case of a veteran who has renounced his retirement from the military in order to receive disability compensation. In these cases the amount of pension that is allocated to disability compensation can be garnished in order to meet family support obligations.

In other cases it is possible for a veteran's benefits to be seized to pay medical expenses or past due federal student loans. In these situations the court can go directly to the VA for the information they need. It is essential for disabled veterans to find a competent attorney to ensure that their disability benefits aren't garnished. This will help them avoid having to depend on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge benefit for veterans and their families, however they don't come without their own set of complications. If a veteran is divorced and receives an VA settlement, he or she should be aware of the implications to the benefits they receive.

In this context the most important question is whether disability payments count as assets that can be split in divorce. The issue has been resolved in a variety of ways. One method is the Colorado court of appeals decision which concluded that VA disability payments are not property and can't be divided in this way. The other way is by a U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran's VA disability payments to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue related to this topic is how the disability benefits are treated for purposes of 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, certain states have taken the opposite approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds disability payments to take into the fact that they are tax-free.

It is also essential to know how divorce can affect their disability benefits and how their spouses who divorced could slash their benefits. By being aware of these issues, st. johns veterans disability lawyer can ensure the security of their earnings and avoid any unintended consequences.