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How a pleasant hills veterans disability lawsuit 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 from the Department of Veterans Affairs.

He would like to find out if a verdict from a jury will affect his VA benefits. It will not. It will, however, affect the other sources of income he earns.

Can I Get Compensation for an accident?

You could be eligible to receive a settlement if you were in the military but are now permanently disabled because of injuries or illnesses. This settlement can allow you to receive compensation for your medical expenses, lost wages, and other expenses that result from your injury or illness. The type of settlement you can receive depends on whether your condition is service-connected or not connected, which VA benefits you are eligible for, and how much your injury or san ramon veterans disability law firm accident will cost to treat.

Jim, a 58 year veteran of the Vietnam war was diagnosed with permanent disabilities due to his two years of service. He does not have enough working space to qualify for Social Security disability benefits but He does have a VA Pension benefit that provides cash and medical treatment for free dependent on financial need. He would like to find out if a personal injury settlement would affect his ability be eligible for this benefit.

The answer will depend on whether the settlement is a lump-sum or a structured one. Structured settlements are payments made over a time period rather than as a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment will impact any existing VA benefits since the VA will annually calculate and consider it as income. If Jim has assets that are not used up after the settlement is annually adjusted and he wants to reapply, he will be eligible for the pension benefit. However the assets he has to be under a limit that the VA has set that establishes financial necessity.

Do I really need to hire an attorney?

Many spouses, members of the military, and former spouses are concerned about VA disability payments and their impact on money issues in divorce. Some people think, [empty] for instance, that Department of Veterans Affairs compensation payments can be split like a military retirement in a divorce case or that they're "off limits" in calculating child support and alimony. These misconceptions can lead to grave financial errors.

While it is possible to file an initial claim for disability benefits on your own, many disabled coweta Veterans disability lawyer (vimeo.com) get the assistance of an experienced attorney. A veteran's disability lawyer can examine your medical records to collect the evidence necessary to make a strong case to the VA. The lawyer can also help to submit any appeals you require to obtain the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. Additionally, 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. The percentage of retroactive past-due benefits your lawyer will receive should be outlined in your fee agreement. For instance the fee agreement could provide that the government can pay the lawyer up to 20% of the retroactive benefits or give. You will be responsible for any additional amounts.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. These payments are designed to compensate for the effects of illnesses, injuries or disabilities that were sustained or aggravated by a veteran's service. The veterans disability benefits are subject to garnishment, just like other incomes.

Garnishment is a legal procedure that permits a court to require an employer or government agency to deduct funds from the pay of an employee who owes money and transfer them directly to the creditor. In the event of a divorce the garnishment could be used for child or spousal care.

There are a few situations where disability benefits are able to be repaid. Most common is the veteran who waived his retirement from the military in order to receive disability compensation. In these instances the amount of pension that is devoted to disability benefits can be garnished in order to meet family support obligations.

In other circumstances, veteran's benefits may also be garnished to pay for medical expenses or federal student loans that are past due. In these situations a court may be able to directly to the VA to obtain the necessary information. The disabled veteran should consult an experienced attorney to protect their disability benefits. This will stop 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 as well as their families. However they also come with their own set complications. If a veteran gets divorced and receives a VA settlement and is eligible, they should be aware of what this might do to their benefits.

In this regard one of the major issues is whether or not disability payments count as assets that can be split in divorce. The issue has been resolved in a couple of ways. A Colorado court of appeals ruling found that VA disability payments were not property and could not be divided this way. The other way is by a U.S. Supreme Court ruling in Howell that ruled that garnishing a veteran's VA disability payments to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this issue is the treatment of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. Certain states use different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then adds the disability benefits to take into account that they are tax-free.

It is also important to know how divorce affects their disability benefits and how their ex spouses can slash their income. By being aware of these issues, veterans can safeguard their benefits and avoid unintended consequences.