"Ask Me Anything " 10 Answers To Your Questions About Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled as a result of his military service. He receives a monthly Pension benefit from the Department of veterans disability lawsuit [https://vimeo.com/709352049] Affairs.

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

Can I receive compensation for an accident?

If you've been in the military, and are permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will allow you to get compensation for medical expenses, lost wages, and other expenses related to your injury or illness. The kind of settlement you will receive will depend on whether or not your injury or illness is a result of a service connection, the VA benefits you are eligible for, and the amount you will need to treat your injury or accident.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service during the Vietnam War. He doesn't have enough work quarters to qualify for Social Security disability benefits but he does have a VA Pension benefit which provides cash and free medical care that is based on financial need. He wants to know if a personal injury settlement could affect his ability to be eligible for this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements require payments over time rather than one single payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum payment will impact any existing VA benefits since the VA will annually calculate and consider it to be income. In the event that there are any excess assets remain after the 12 month period after the settlement is annually recalculated, Jim could apply again for the Pension benefit, but only if his assets are lower than a threshold with which 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 Veterans Disability Lawsuit its impact on the financial aspects of divorce cases. Some people believe, among other things that the Department of Veterans Affairs compensation payments are split like an army retirement in divorce cases, or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can result in financial mistakes that have serious repercussions.

It is possible to file an application for disability benefits yourself However, most disabled veterans disability law firm would benefit from the assistance from a competent lawyer. A veteran's disability lawyer who is experienced will examine your medical documents and gather the necessary evidence to support your case at the VA. The lawyer can also file any appeals that you might need to receive the benefits you are entitled to.

Most VA disability lawyers don't charge for consultations. Additionally that the lawyer will normally 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. The fee agreement should specify clearly the percentage of retroactive benefits that will be paid to your lawyer. For example, a fee agreement can provide that the government can pay the attorney up to 20% of retroactive benefits or provide. Any additional amount is your obligation.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA it is in the form of monthly payments. These payments are designed to help offset the impact of illnesses, injuries or disabilities that were sustained or worsened during the veteran's time of service. The benefits for veterans with disabilities are subject to garnishment, just like other incomes.

Garnishment is a legal action that allows a judge to make an order to an employer or government agency to take money from the pay of an employee who owes money and transfer them directly to an individual creditor. In the event of divorce, garnishment could be used to pay for spousal support or child support.

However, there are a few circumstances where a veteran's disability benefits are able to be refunded. The most frequent is the veteran who has renounced his retirement from the military in order to receive disability compensation. In these instances the portion of the pension apportioned to disability pay can be garnished to pay family support obligations.

In other instances, a veteran's benefits could be garnished to pay for medical expenses or federal student loans that are over due. In these situations, a court may be able to the VA to obtain the necessary information. The disabled veteran should consult 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 an enormous assistance to veterans and their families, however they do come with their own set of complications. For instance, if a veteran gets divorced and is awarded an VA disability settlement, they must be aware of how this will affect the benefits they receive.

One of the major issues in this regard is whether disability payments count as divisible assets in divorce. The question has been answered in two ways. A Colorado court of appeals decision declared that VA disability payments were not property and veterans disability Lawsuit therefore could not be divided this manner. Another way is through an U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability benefits to pay Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue related to this topic is how the disability benefits are interpreted for purposes of child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. However, certain states have chosen to take a different approach. Colorado for instance, adds all income sources together to determine the amount needed to support a spouse and then adds disability benefits in order to take into account their tax-free status.

It is also vital to know how divorce will affect their disability benefits and how their ex spouses can slash their income. By being aware of these questions, veterans can guard their earnings and avoid any unwanted consequences.