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

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

He wants to be aware of whether a verdict by a jury will impact his VA benefits. It won't. But it will have some impact on the other sources of income he has.

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

You could be eligible for a settlement if you were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement could help you get compensation for medical expenses, lost wages, and other costs resulting from your illness or injury. The kind of settlement you'll be able to get depends on whether or not your condition is service-connected or non-service connected, the VA benefits you qualify for, and how much your injury or accident will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. He does not have enough working space to be eligible for Social Security disability benefits but the VA Pension benefit that offers medical care and cash in accordance with financial need. He wants to know how a personal injuries settlement will affect his eligibility to receive this benefit.

The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements are those that are made over a period of time rather than a single payment and the amount paid by the defendant is used to offset any existing VA benefits. However, a lump sum settlement will probably impact any benefits already in place because the VA considers it as income and Veterans Disability lawsuit will increase it. If Jim has extra assets after the settlement has been annualized and he wants to reapply, he will be eligible for the pension benefit. However his assets must be below a minimum threshold that the VA has set that establishes financial necessity.

Do I need to employ an attorney?

Many service members, spouses, and former spouses have concerns about VA disability payments and their effect on financial issues during divorce. There are many other reasons, but some people think that the Department of Veterans Affairs' compensation payments can be split like a military pension in divorce or are "off limits" in calculation of child support and alimony. These misconceptions can lead to financial mistakes that have serious consequences.

While it is possible to submit an initial claim for disability benefits by yourself, the majority of disabled veterans require the assistance of a professional attorney. A skilled veteran's disability lawyer can review your medical documents and gather the necessary evidence needed to build a strong argument to the VA. The lawyer will also be able to file any appeals that you require to obtain the benefits you deserve.

In addition, the majority of VA disability lawyers do not charge fees for consultations. Additionally that the lawyer will normally be paid by the government directly from your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will receive must be specified in your fee agreement. A fee agreement could say that, for instance, the government would pay the attorney up 20 percent of retroactive benefits. Any additional amounts will be your to pay.

Can I Garnish My VA Benefits?

When disabled veterans disability law receive compensation from the VA the compensation is paid in the form of monthly payments. The payments are intended to compensate for the effects of diseases, injuries or disabilities that were sustained or aggravated by a veteran's service. The benefits for veterans disability lawsuit (mouse click the next page)' disability are subject to garnishment, as is any other income.

Garnishment lets a court order that an employer or a government agency withhold cash from the pay of a person who owes the debt and pay it directly to the creditor. In the event of divorce, garnishment may be used to pay child or spousal maintenance.

However, there are a few situations in which a veteran's disability benefits could be refunded. The most frequent scenario involves a veteran who waived their military retirement in order to claim disability compensation. In these cases the portion of the pension allocated to disability payments may be garnished for family support obligations.

In other circumstances, veteran's benefits could be seized in order to pay medical bills or federal student loans that are over due. In these cases the court might be able to directly to the VA to get the required information. It is crucial for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits are not removed. 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 can be a huge help to veterans and their families. However they have their own set of complications. For instance when a veteran is divorced and receives an VA disability settlement, they need to know what effect this will have on the benefits they receive.

In this context one of the major issues is whether disability payments are considered assets which can be divided during a divorce. This question has been resolved in two ways. A Colorado court of appeals decision declared that VA disability payments were not property and could not be divided this way. The other way is by an U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability benefits to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this subject is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. Some states have an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then adds the disability benefits to take into the fact that they are tax-free.

It is also essential that veterans disability case are aware of how divorce can affect their disability compensation and how their ex spouses can garnish their compensation. By being aware of these issues, veterans disability law can protect their income and avoid unintended consequences.