What s The Job Market For Veterans Disability Litigation Professionals

How a Veterans Disability Settlement Can Affect a Divorce Case

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

He wants to know how a jury award will affect his VA benefits. It won't. It will, however, affect the income sources of his other income sources.

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

You may 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 will allow you to get compensation for medical expenses, lost wages, and other costs resulting from your illness or injury. The kind of settlement you could receive will depend on whether or not your illness or injury is service-connected, what VA benefits you are eligible to receive, and the amount to treat your accident or injury.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. He hasn't got enough work space to qualify for Social Security disability benefits but there is a VA Pension benefit which provides cash and medical treatment for free in accordance with financial need. He would like to know if a personal injury settlement will affect his ability to be eligible for this benefit.

The answer depends on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are the ones that are paid over a time frame instead of in one payment and the amount received by the defendant is calculated to offset any existing VA benefits. However, a lump sum payout is likely to impact any benefits already in place because the VA considers it as income and will increase it. If Jim has extra assets after the settlement is annualized and he wants to reapply, he will be eligible for the pension benefit. However, his assets must be below a threshold the VA has set that establishes financial necessity.

Do I require an attorney?

Many spouses, military personnel and former spouses have concerns about VA disability benefits and their impact on money issues during a divorce. In addition, some people think that the Department of veterans disability attorneys Affairs' compensation payments can be divided 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 serious financial errors.

It is possible to file a claim for disability benefits yourself however, the majority of disabled veterans would require the help of a skilled lawyer. A veteran's disability lawyer who is experienced can examine your medical documents and gather the necessary evidence to present a strong argument to the VA. The lawyer can also help to make any appeals you require to receive the benefits you deserve.

Most VA disability lawyers don't charge for consultations. Additionally the lawyer will usually be paid by the government directly out of your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will be paid should be outlined in your fee agreement. For instance an agreement on fees could state that the government will pay the lawyer up to 20% of the retroactive benefits or award. You are responsible for any additional sums.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans disability law firm. These payments are designed to offset some of the effects of disability, illness, or injuries sustained during or aggravated during a veteran's military service. Like other income sources, veterans disability benefits can be subject to garnishment.

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

There are a few situations in which a veteran's disability benefits can be garnished. The most common scenario is veterans who have waived their military retirement to receive disability compensation. In these cases, the amount of pension that is attributed to disability benefits can be garnished to pay family support obligations.

In other instances it is possible for a veteran's benefits to be seized to pay medical expenses or past-due federal student loans. 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 find a competent attorney to ensure that their disability benefits are not removed. This will stop 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 assistance to veterans and their families, but they don't come without their own set of issues. For example, if a veteran gets divorced and receives a VA disability settlement, they must be aware of how this could affect their benefits.

One of the major issues in this regard is whether or not disability benefits are considered divisible assets in divorce. This question has been addressed in two ways. One is through the Colorado court of appeals decision which concluded that VA disability payments are not property and can't be divided in this way. Another way is through an U.S. Supreme Court ruling in Howell which held that garnishing the veteran's VA disability payments to pay Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this subject is the treatment of disability benefits to children for maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from claiming disability benefits as income. However, certain states have chosen to take a different approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then pluses up the disability payments to take into the fact that they are tax-free.

It is also important for veterans to know how their disability benefits will be affected if they are divorced and how their ex-spouses can be able to garnish their compensation. By being informed about these issues, vets can protect their income as well as avoid the unintended consequences.