How a sanibel veterans Disability lawsuit Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled due to his military service. He is able to receive a monthly pension from the Department of Veterans Affairs.

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

Do I have the right to receive compensation for an Accident?

You may be eligible to receive a settlement if you were in the military but are now permanently disabled because of injuries or illnesses. This settlement will help pay you for medical expenses, lost income and other costs that resulted from your injury or sickness. The type of settlement you'll receive depends on whether your health condition is non-service connected, which VA benefits you are eligible for, as well as the amount your accident or injury will cost to treat.

Jim who is a 58-year veteran of the Vietnam war was diagnosed with permanent disabilities as a result of his two years of service. He doesn't have enough space for work to qualify for Social Security Disability benefits, however, he is able to claim the VA Pension which offers free medical treatment and cash dependent on the amount of money he needs. He would like to know how a personal injury settlement will affect his eligibility 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 rather than in a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment will affect any existing VA benefits because the VA will annually evaluate and consider it income. In the event that there are any excess assets remain after the period of twelve months after the settlement is annually recalculated, Jim could apply again for the pension benefit, but only if his assets fall below a certain threshold that the VA determines to be a financial need.

Do I Need to Hire an Attorney?

Many service members, spouses and former spouses have questions about VA disability benefits and their impact on money issues during divorce. Among other things, some people think that the Department of schenectady veterans disability lawyer Affairs' compensation payments can be divided like a military pension in a divorce or that they are "off limits" when it comes to calculation of child support and Alimony. These misconceptions can result in financial mistakes that can have grave consequences.

It is possible to file an application for disability benefits on your own, but most disabled veterans would require the help of a qualified lawyer. A skilled veteran's disability lawyer can review your medical records and gather all the necessary evidence needed to build a strong case to the VA. The lawyer can also file any appeals you might require to get the benefits you deserve.

The majority of VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from your payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will receive should be outlined in your fee agreement. A fee agreement may stipulate for instance that the government will provide the attorney with 20 percent of retroactive benefits. Any additional amount is your responsibility.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The payments are meant to compensate for some of the effects of disabilities, diseases, or injuries sustained during or aggravated by a veteran's military service. As with all income, benefits for veterans with disabilities are subject to garnishment.

Garnishment can be a legal proceeding that allows a court to order an employer or government agency to take money from the pay of someone who owes money and transfer them directly to an individual creditor. In the event of divorce, garnishment may be used to pay child or spousal support.

However, there are certain situations in which a veteran's disability benefits could be refunded. The most common scenario is those who have renounced their military retirement in order to receive disability compensation. In these instances the amount of pension that is allocated to disability pay could be garnished to meet family support obligations.

In other situations it is possible for a veteran's benefits to be seized to pay medical expenses or past due federal student loans. In these situations a court may be able to the VA to get the required information. It is essential for a disabled veteran to retain a knowledgeable lawyer to ensure that their disability benefits aren't being snatched away. This will prevent them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous assistance to leominster veterans disability lawyer and their families. However, they come with their own set complications. For instance in the event that a veteran gets divorced and is awarded a VA disability settlement, they need to know what this means for their benefits.

One of the major issues in this context is whether or not disability payments count as divisible assets in divorce. This question has been addressed in two ways. A Colorado court of appeals ruling determined that VA disability payments were not property and therefore could not be divided in this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments for Alimony was against the USFSPA.

Another concern relating to this issue is the treatment of disability benefits to children for support and maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from counting disability benefits as income. However, certain states have taken a different approach. Colorado for instance adds all sources of income together to determine the amount needed to support a spouse. It then adds on disability payments in order to account for their tax-free status.

It is also crucial to know how divorce affects their disability benefits and how ex-spouses can slash their income. By being aware of these issues, veterans can protect their income as well as avoid the unintended consequences.