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Why No One Cares About Veterans Disability Litigation

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Maggie Leichhar… 24-07-01 03:10 view155 Comment0

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How a Veterans 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 receives a monthly Pension benefit from the Department of veterans disability law firms Affairs.

He wants to be aware of whether a verdict by a jury will affect his VA benefits. The answer is that it will not. However, it will affect the income sources of his other income sources.

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

If you've been in the military and are now permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will pay you for medical expenses, lost income and other expenses resulting from your injury or sickness. The type of settlement you are eligible for will depend on whether your illness or injury is related to service, what VA benefits you are eligible for, and the cost to treat your injury or accident.

Jim, a 58-year veteran of Vietnam was diagnosed with permanent disabilities as a result of his two years of service. He isn't in a position to have enough space for work to be eligible for Social Security Disability benefits, however, he is able to claim an VA Pension that offers cash and medical care for free dependent on the amount of money he needs. He wants to be aware of what the implications of a personal injury settlement will affect his eligibility to benefit from this benefit.

The answer depends on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are the ones that are paid over a time period rather than as a single payment and the amount received by the defendant is used to offset any existing VA benefits. In contrast, a lump sum payout is likely to impact any benefits already in place because the VA considers it as income and will increase it. In the event that there are any excess assets remain after the twelve-month period when the settlement is annualized Jim could be eligible for a new Pension benefit but only if his assets fall lower than a threshold with which the VA determines to be a financial need.

Do I need to hire an attorney?

Many service members, spouses and former spouses are concerned about VA disability payments and their impact on financial issues in divorce. Some people believe, among other things, that the Department of Veterans Affairs compensation payments can be split like military retirements in divorce proceedings or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions could lead to financial mistakes that can have grave consequences.

While it is possible to submit an initial claim for disability benefits on your own, the majority of disabled veterans benefit from the assistance of an experienced lawyer. A veteran's disability attorney can look over your medical records and gather the evidence needed to make a strong argument before the VA. The lawyer can also file any appeals that you may require to get the benefits you are entitled to.

The majority of VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from your payment of retroactive 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 outlined in your fee agreement. For example your fee agreement may specify that the government will pay the lawyer up to 20% of retroactive benefits or pay. You will be responsible for any additional amounts.

Can I Garnish My VA Benefits?

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

Garnishment is a legal action that allows a judge to decide that an employer or a government agency to take money from the pay of someone who owes money, and then send them directly to an individual creditor. In the case of divorce, garnishment could be used to pay spousal maintenance or child support.

There are a few situations in which veterans' benefits could be repaid. The most common scenario is that of a veteran who renounced his retirement from the military in order to receive disability compensation. In these cases the portion of the pension that is attributed to disability benefits can be garnished for family support obligations.

In other cases it is possible for a veteran's benefits to be seized to pay medical expenses or past due federal student loans. In these cases, a court can go directly to the VA to obtain the information they need. A disabled veteran should hire an experienced lawyer to protect their disability benefits. This will prevent them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to veterans disability lawyer as well as their families. However they also come with their own set of complications. For instance, if a veteran gets divorced and receives a VA disability settlement, they must be aware of how this could affect the benefits they receive.

One of the major issues in this context is whether disability payments are considered divisible assets in a divorce. This question has been answered in two ways. A Colorado court of appeals decision declared that VA disability payments were not property and could not be divided in this way. Another option is a U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability payments to pay alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern relating to this issue is the treatment of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. Some states have different methods. Colorado, for example, adds all income sources together to determine the amount required to support a spouse. It then adds disability income to reflect their tax-free status.

It is also important for veterans to know how their disability benefits will be affected if they become divorced and how their ex-spouses may garnish their compensation. By being aware of these questions, veterans can guard their benefits and avoid unwanted consequences.

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