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

Jim's client, 58 years old, is permanently disabled because of his service in the military. He receives a monthly pension benefit from the Department of Veterans Affairs.

He wants to know if the verdict of a jury will impact his VA benefits. It won't. However, it will have an impact on his other income sources.

Do I have the right to receive compensation in the event of an accident?

If you have served in the military and are permanently disabled because of injuries or illnesses, you could be eligible for a carolina beach veterans disability lawsuit disability settlement. This settlement can assist in compensating you for medical bills, lost income and other expenses that resulted from your illness or injury. The type of settlement you can receive depends on whether your health condition is non-service connected, what VA benefits you qualify for, as well as the amount your injury or accident will cost to treat.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He doesn't have enough work space to qualify for Social Security Disability benefits, however, he can claim the VA Pension which offers free medical treatment and cash according to his financial need. He wants to understand how a personal injury lawsuit will affect his ability to receive this benefit.

The answer is dependent on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements consist of installments over time instead of a single payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum payment can affect any existing VA benefits since the VA will annually assess and count it as income. In the event that there are any excess assets are left after the twelve month period when the settlement is annualized Jim could reapply for the pension benefit, but only if his assets fall below a certain threshold that the VA agrees establishes financial need.

Do I require an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its effect on financial issues in divorce cases. Among other things, some people think that the Department of Veterans Affairs' compensation payments are able to be divided like a military pension a divorce or that they are "off limits" in the calculation of child support and Alimony. These misconceptions could lead serious financial errors.

It is possible to file an application for disability benefits yourself, but most disabled veterans will benefit from the assistance of a skilled lawyer. A qualified veteran's disability lawyer will review your medical records and gather all the necessary evidence to support your argument to the VA. The lawyer can also help to make any appeals you require to secure the benefits you're entitled.

The majority of VA disability lawyers don't charge for consultations. In addition, the lawyer will generally be paid by the government directly out of your award of retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will receive should be clearly stated in your fee agreement. For example an agreement on fees could stipulate that the government will pay the attorney up to 20% of retroactive benefits or provide. You are responsible for any additional sums.

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 compensate for some of the effects of disability, illness or injuries that are sustained or aggravated by the veteran's military service. The benefits for veterans with disabilities are subject to garnishment just like other incomes.

Garnishment is a legal action which allows a court make an order to an employer or government agency to omit funds from the paycheck of a person who is in debt and Stanton Veterans Disability Lawsuit to send them directly to a creditor. In the case of a divorce, garnishment could be used to pay spousal or child support or child support.

There are a few situations in which a veteran's disability benefits could be garnished. The most common scenario involves veterans who have waived their military retirement in order to claim disability compensation. In these scenarios the pension portion that is allocated to disability compensation can be garnished in order to fulfill the family support obligations.

In other cases, a veteran's benefits may also be seized in order to cover medical expenses or federal student loans that are over due. In these situations the court could go directly to the VA for the information they require. A disabled veteran should employ an experienced attorney to protect their disability benefits. 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 are a tremendous aid to veterans and their families. However they do come with certain complications. If a veteran gets divorced and receives an VA settlement it is important to be aware of what this might do to the benefits they receive.

One of the major issues in this context is whether or not the disability benefits are considered divisible assets in divorce. This question has been resolved in two ways. A Colorado court of appeals ruling declared that VA disability payments were not property and could not be divided in this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability payments for an alimony payment was a violation of USFSPA.

Another concern with this topic is the treatment of disability benefits for child maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. Certain states take different approaches. Colorado, for example, adds all income sources together to determine the amount required to provide for a spouse. Colorado then adds on disability payments to account for their tax-free status.

Additionally, it is essential that Stanton Veterans Disability Lawsuit understand how their disability benefits will be affected if they get divorced and how their ex-spouses may take advantage of their benefits. By being informed about these issues, vets can safeguard their benefits as well as avoid unintended consequences.