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14 Smart Strategies To Spend Left-Over Veterans Disability Litigation …

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Staci Coney 24-07-19 05:57 view66 Comment0

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How a Veterans 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 Veterans Affairs.

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

Can I Get Compensation for an accident?

If you have served in the military and are permanently disabled due to injuries or illnesses, you may be eligible for a smiths station veterans disability lawyer disability settlement. This settlement can help compensate you for medical bills, lost income, and other expenses that resulted from your injury or sickness. The kind of settlement you could receive will depend on whether or not your illness or injury is a result of a service connection, the VA benefits you are eligible for, and the cost to treat your accident or injury.

Jim, a 58 year veteran of Vietnam, was diagnosed as having permanent disabilities due to his two years of service. He isn't in a position to have enough space for work to qualify for Social Security Disability benefits, but he has the VA Pension, which provides free medical treatment and cash depending on the financial needs of his. He wants to find out if a personal injury settlement could affect his ability to be eligible for this benefit.

The answer is dependent on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are those that are made over a time frame rather than as a single payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum settlement will probably alter any existing benefits as the VA considers it as income and will increase it. In any event, if extra assets are left after the period of twelve months when the settlement has been annualized Jim may be eligible to apply again for the Pension benefit but only if his assets are less than a minimum threshold that the VA agrees establishes financial need.

Do I really need to hire an Attorney?

Many spouses, service members and former spouses have concerns about VA disability payments and their impact on money issues during divorce. Some people believe, for instance, that Department of haltom city veterans disability law Firm Affairs compensation payments are split like the military retirement in divorce cases or that they're "off limits" in calculating child support and Alimony. These misconceptions can lead to financial mistakes which can have serious consequences.

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

The majority of VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from your amount of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will be paid should be outlined in your fee agreement. For example, a fee agreement can stipulate that the government will pay the attorney up to 20% of retroactive benefits or award. Any additional amount is your responsibility.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA, it comes in the form of monthly payments. The payments are intended to compensate for the effects of injuries, illnesses or disabilities that have been sustained or aggravated by a veteran's service. Like all income, the veterans disability benefits could be subject to garnishment.

Garnishment lets a court order that an employer or government agency deduct money from the wages of a person who is in the process of paying the debt and pay it directly to a creditor. In the event of a divorce, garnishment may be used to pay for spousal support or child support.

However, there are a few situations where disability benefits may be refunded. Most often, it is the case of a veteran who has waived his military retirement in order to receive disability compensation. In these instances, the amount of pension apportioned to disability pay can be garnished to pay family support obligations.

In other circumstances veterans' benefits could be garnished to pay for medical expenses or past due federal student loans. In these situations a court may be able to the VA to obtain the necessary information. A disabled veteran should employ an experienced attorney to protect their disability benefits. This can stop them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous assistance to veterans and their families, but they come with their own set of issues. If a person divorces and receives a VA settlement, he or she should be aware of the impact this could have to the benefits they receive.

In this context one of the major issues is whether disability payments count as assets that could be divided during a divorce. This question has been addressed in two ways. One option is an Colorado court of appeals decision, which found that VA disability payments are not property, and therefore cannot be divided in that way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability benefits for alimony was a violation of USFSPA.

Another concern with this issue is how disability benefits are interpreted for purposes of child maintenance and support. Both the USFSPA, and the Supreme Court, prohibit states from claiming disability benefits as income. However, certain states have adopted different approaches. Colorado is one example. It adds all income sources together to determine the amount required to support a spouse. It then adds on disability payments to account for their tax-free status.

It is also vital to know how divorce affects their disability compensation and how their ex spouses can slash their income. By being aware of these issues, vets can ensure their compensation as well as avoid unintended consequences.

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