What s The Job Market For Veterans Disability Litigation Professionals

How a veterans disability lawyers Disability Settlement Can Affect a Divorce Case

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

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

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 could help you get compensation for medical bills, lost wages and other costs resulting from your illness or injury. The type of settlement you can receive will depend on whether your injury or illness is service-connected, what VA benefits you qualify to receive, and the amount to treat your injury or accident.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He does not have enough space for work to be eligible for Social Security Disability benefits, however, he does have the VA Pension which offers cash and medical care for free dependent on the amount of money he needs. He wants to learn how a personal injury settlement will affect his eligibility to be eligible for this benefit.

The answer is dependent on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements consist of the payment of over time, rather than one payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum payment can affect any existing VA benefits since the VA will annually assess and count it income. In either case, if excess assets are left after the twelve month period when the settlement is annualized Jim may be eligible to apply again for the Pension benefit, but only if his assets are less than a minimum threshold that the VA accepts as establishing financial need.

Do I require an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its effect on the financial aspects of a divorce case. In addition, some people believe that the Department of veterans disability attorney Affairs' compensation payments can be split like a military pension a divorce or that they are "off limits" when it comes to calculation of child support and alimony. These misconceptions could lead to serious financial errors.

It is possible to submit an application for disability benefits by yourself, but most disabled veterans will benefit from the assistance of a professional lawyer. A qualified veteran's disability lawyer will examine your medical documents and gather the necessary evidence to present a strong argument to the VA. The lawyer can also file any appeals you might need to get the benefits you are entitled to.

Most VA disability lawyers do not charge for consultations. In addition the lawyer will typically be paid by the government directly from your retroactive past due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly define the amount of retroactive benefits that will be paid to your lawyer. For example the fee agreement could provide that the government can pay the lawyer up to 20% of retroactive benefits or provide. The attorney is responsible for any additional costs.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA it is received in the form of monthly payments. These payments are designed to help offset the effects of diseases, disabilities, or injuries sustained during or aggravated due to a veteran's military service. Like other income sources, veterans disability benefits can be subject to garnishment.

Garnishment is a legal procedure that allows a court to decide that an employer or a government agency to take money from the pay of someone who owes money and transfer them directly to the creditor. In the case of a divorce, garnishment can be used to pay spousal maintenance or child support.

There are a few situations in which veterans' benefits could be repaid. The most common scenario is those who have renounced their military retirement in order to claim disability compensation. In these situations, the portion of the pension allocated to disability payments can be garnished for family support obligations.

In other instances the benefits of a veteran can be garnished to pay for medical expenses or past due federal student loans. In these instances, a court can go directly to the VA to obtain the information they require. It is important for Veterans Disability disabled veterans to hire a knowledgeable lawyer to ensure that their disability benefits aren't taken away. This will stop them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans as well as their families. However they do come with certain complications. If a veteran is divorced and receives an VA settlement and is eligible, they should be aware of the impact this could have to their benefits.

A major issue in this regard is whether or not disability payments are considered divisible assets in a divorce. This issue has been settled in a variety of ways. A Colorado court of appeals decision found that VA disability payments were not property and therefore could not be divided this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments for the purpose of alimony was in violation of USFSPA.

Another issue that is related to this issue is the treatment of disability benefits for child support and maintenance. The USFSPA and Veterans Disability the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. Some states have different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds up the disability payments to take the fact that they are tax-free.

It is also important to know the impact divorce has on their disability benefits and how their spouses who divorced can slash their income. By being informed about these issues, vets can protect their income and avoid any unintended consequences.