How a peoria heights veterans disability lawsuit Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled from his service in the military. He receives a monthly Pension benefit from the Department of portland veterans disability lawyer Affairs.

He would like to know if a verdict of a juror will impact his VA benefits. It will not. However, it will have an impact on his other sources of income.

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

You could be eligible for a settlement if were in the military but are now permanently disabled as a result 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 kind of settlement you can get depends on whether or not your medical condition is service-connected, or not connected, the VA benefits you are eligible for, as well as the amount your accident or injury will cost to treat.

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 there is a VA Pension benefit which provides medical care and cash that is based on financial need. He would like to learn how 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 a lump sum or a structured settlement. Structured settlements are settlements that are paid over a time period rather than in a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. However, a lump sum payout is likely to alter any existing benefits as the VA considers it as income and will increase it. In the event that there are any excess assets are left over after the twelve-month period after the settlement is annually recalculated, Jim may be eligible to apply again for the pension benefit, but only if his assets fall lower than a threshold with which the VA agrees establishes financial need.

Do I have to hire an attorney?

Many spouses, military personnel, and former spouses have questions about VA disability benefits and their impact on money issues during divorce. Some people believe, among other things, that Department of Veterans Affairs compensation payments are split like a military retirement in divorce cases, or that they're "off limits" when it comes to calculating child support and alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

It is possible to file an application for disability benefits yourself however, the majority of disabled veterans would require the help of a qualified lawyer. A skilled veteran's disability lawyer will review your medical records and gather all the necessary evidence to make a convincing case to the VA. The lawyer will also be able to file any appeals you may require to obtain the benefits you're entitled.

The majority of VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from the award of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly state the proportion of retroactive benefits to be paid to your lawyer. For example the fee agreement could provide that the government can pay the lawyer up to 20% of the retroactive benefits or provide. Any additional amount is your the responsibility of the attorney.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. These payments are designed to help offset the consequences of illnesses, disabilities, or injuries sustained during or aggravated by the veteran's military service. Like all income, the benefits for veterans with disabilities are subject to garnishment.

Garnishment allows a court order that an employer or a government agency withhold money from the wages of a person who has the debt and pay it directly to a creditor. In the case of a divorce, garnishment could be used to pay spousal support or child support.

There are a few situations in which veterans' benefits could be repaid. The most common scenario involves veterans who have waived their military retirement to get disability compensation. In these situations the part of pension that is allocated to disability payments can be garnished to fulfill the family support obligations.

In other situations, veteran's benefits may also be garnished in order to cover medical expenses or federal student loans that are over due. In these situations a court may be able to direct the case to the VA to get the required information. It is important for a disabled veteran to find a competent lawyer to ensure that their disability benefits are not garnished. This can prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major help for veterans and their families, but they're not without their own set of complications. For instance the case where a veteran is divorced and is awarded an VA disability settlement, they must be aware of how this will affect the benefits they receive.

In this case, the main question is whether or not disability payments are considered assets that can be divided in divorce. The issue has been resolved in a couple of ways. One way is by an Colorado court of appeals decision which concluded that VA disability payments are not property and cannot be divided in this way. Another option is the U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability benefits to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this topic is the treatment of disability benefits for child support and maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from utilizing disability benefits as income. However, some states have taken an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds up the disability payments to take account that they are tax-free.

Finally, it is important for southaven veterans disability law firm to know how their disability compensation will be affected if they become divorced and how their spouses who divorced them can be able to garnish their compensation. By being informed about these issues, vets can protect their compensation as well as avoid any unintended consequences.