14 Savvy Ways To Spend Leftover Veterans Disability Litigation Budget

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man is permanently disabled because of his military service. He receives a monthly pension benefit from the Department of kewanee veterans disability attorney [recent post by vimeo.com] Affairs.

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

Can I receive compensation in the event of an accident?

You may be eligible for a settlement if have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement can help you receive compensation for your medical bills, lost wages and other expenses related to your illness or injury. The kind of settlement you could receive will depend on whether your injury or illness is service-related, what VA benefits you qualify for, firms and the cost to treat your injury or accident.

Jim, a 58 year veteran of Vietnam was diagnosed with permanent disabilities due to his two years of service. He does not have enough work space to be eligible for Social Security disability benefits but he does have a VA Pension benefit that offers cash and medical treatment for free in accordance with financial need. He would like to determine if a personal accident settlement would affect his eligibility to receive this benefit.

The answer will depend on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are payments made over a long period of time rather than as a single payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum payment can affect any existing VA benefits because the VA will annually assess and count it as income. If Jim has assets that are not used up after the settlement has been annualized the applicant can apply again to be eligible for the pension benefit. However the assets he has to be under a limit that the VA has determined to be a financial necessity.

Do I need to hire an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its impact on financial issues in divorce cases. Some people believe, for instance, that Department of Veterans Affairs compensation payments can be divided like the military retirement in a divorce case or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions could lead to grave financial errors.

It is possible to file a claim for disability benefits yourself However, most disabled veterans disability law firm will benefit from the assistance of a professional lawyer. A qualified veteran's disability lawyer can review your medical documents and gather the necessary evidence to present a strong case to the VA. The lawyer can also file any appeals that you might require to receive the benefits you deserve.

Most VA disability lawyers do not charge for consultations. In addition, the lawyer will generally be paid by the government directly from your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should specify clearly the amount of retroactive benefits to be paid to your lawyer. For instance, a fee agreement can provide that the government can pay the lawyer up to 20% of the retroactive benefits or give. Any additional amount is your the responsibility of the attorney.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA it is received in the form of monthly payments. The purpose of the payments is to offset some of the effects of disability, illness or injuries incurred during or aggravated by a veteran's military service. The benefits for veterans with disabilities are subject to garnishment, like any other income.

Garnishment is a legal action that allows a court to require an employer or government agency to omit funds from the pay of an employee who owes money, and then send them directly to an individual creditor. In the case of divorce, garnishment can be used to pay spousal or child support or child support.

There are a few situations in which the benefits of a veteran can be encashable. The most frequent is the veteran who has renounced his retirement from the military in order to receive disability compensation. In these situations the pension portion that is devoted to disability payments can be garnished to meet family support obligations.

In other cases veterans' benefits could be garnished to pay for medical expenses or past-due federal student loans. In these cases a court may be able to the VA to get the required information. It is crucial for a disabled veteran to work with a reputable attorney to ensure that their disability benefits aren't taken away. This can stop them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent aid to veterans and their families. However they have specific complications. For example in the event that a veteran gets divorced and is awarded a VA disability settlement, they need to know what this means for the benefits they receive.

One of the major issues in this regard is whether disability payments are considered to be divisible assets in divorce. This question has been resolved in two ways. One option is a Colorado court of appeals decision, which found that VA disability payments are not property and therefore cannot be divided in that way. Another method is an U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability benefits to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern that is related to this topic is how the disability benefits are treated to determine child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. However, some states have adopted an alternative 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 essential that veterans are aware of the impact divorce has on their disability compensation and how their spouses who divorced can slash their income. By being aware of these issues, veterans can ensure the security of their compensation and avoid unwanted consequences.