Veterans Disability Litigation: The Good, The Bad, And The Ugly
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How a veterans disability lawyers 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 how the verdict of a jury will affect his VA benefits. It won't. But it will have an impact on his other sources of income.
Can I claim compensation for an accident?
You may be eligible for a settlement if you were in the military but are now permanently disabled because of injuries or illnesses. This settlement will allow you to receive compensation for your medical bills, lost wages and other expenses resulting from your injury or illness. The kind of settlement you'll get depends on whether or not your medical condition is service-connected, or not connected, the VA benefits you are eligible for, and the amount your accident or injury will cost to treat.
Jim, a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities due to his two years of service. He does not have enough work space to be eligible for Social Security disability benefits but there is a VA Pension benefit that offers cash and free medical assistance dependent on financial need. He would like to know how a personal injury settlement can affect his ability to benefit from this benefit.
The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements require the payment of over time, rather than one single payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum settlement will impact any existing VA benefits because the VA will annually evaluate and consider it as income. In any case, if there are excess assets are left over after the 12 month period when the settlement is annualized Jim could reapply for the Pension benefit but only if his assets are lower than a threshold with which the VA determines to be a financial need.
Do I have to hire an attorney?
Many spouses, service members and former spouses are confused about VA disability compensation and its impact on the financial aspects of divorce cases. Among other things, some people think that the Department of Veterans Affairs' compensation payments can be split as a military pension in divorce or are "off limits" when it comes to calculation of child support and Alimony. These misconceptions can lead to serious financial errors.
It is possible to submit a claim for disability benefits by yourself, but most disabled veterans will require the help of a qualified lawyer. An experienced veteran's disability lawyer can examine your medical records and gather the necessary evidence to make a convincing argument to the VA. The lawyer can also file any appeals that you may require to get the benefits you deserve.
Moreover, most VA disability lawyers charge no fees for consultations. Additionally the lawyer will usually be paid by the government directly from the retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will be paid must be specified in your fee agreement. A fee agreement could say that, for example, the government would pay the attorney 20% of retroactive benefits. Any additional amounts will be your responsibility.
Can I Garnish My VA Benefits?
If a disabled veteran is granted compensation from the VA it is received in the form of monthly payments. The purpose of the payments is to alleviate the effects of illnesses, injuries or disabilities sustained or worsened during the veteran's service. Like all income, the benefits for veterans with disabilities are subject to garnishment.
Garnishment lets a court order that an employer or government agency withhold cash from the pay of a person who owes an amount and then pay it directly to a creditor. In the event of divorce, garnishment can be used to pay child or spousal support.
However, there are certain situations in which a veteran's disability benefits are able to be garnished. The most frequent is the veteran who has renounced his military retirement in order to receive disability compensation. In these cases the amount of pension that is attributed to disability benefits can be garnished for family support obligations.
In other circumstances, veteran’s benefits can also be garnished in order to pay for medical expenses or federal student loans that are over due. In these instances, a court may be able to directly to the VA to obtain the necessary information. 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 can be a huge aid to veterans and their families, but they do come with their own set-of complications. For example when a veteran is divorced and is awarded a VA disability settlement, they must be aware of how this will affect their benefits.
A major issue in this context is whether or not disability payments are considered to be divisible assets in a divorce. This question has been addressed in two ways. A Colorado court of appeals ruling declared that VA disability payments were not property and therefore could not be divided this manner. Another option is the U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another issue related to this topic is how the disability benefits are interpreted for purposes of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. However, some states have taken an alternative approach. Colorado for instance, adds all income sources together to determine the amount needed to support a spouse and then adds disability benefits in order to account for their tax-free status.
It is also essential that veterans disability law firms (Read A great deal more) know the impact divorce has on their disability compensation and how their spouses who divorced could take advantage of their compensation. By knowing about these issues, veterans can safeguard their compensation and avoid unwanted consequences.
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 how the verdict of a jury will affect his VA benefits. It won't. But it will have an impact on his other sources of income.
Can I claim compensation for an accident?
You may be eligible for a settlement if you were in the military but are now permanently disabled because of injuries or illnesses. This settlement will allow you to receive compensation for your medical bills, lost wages and other expenses resulting from your injury or illness. The kind of settlement you'll get depends on whether or not your medical condition is service-connected, or not connected, the VA benefits you are eligible for, and the amount your accident or injury will cost to treat.
Jim, a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities due to his two years of service. He does not have enough work space to be eligible for Social Security disability benefits but there is a VA Pension benefit that offers cash and free medical assistance dependent on financial need. He would like to know how a personal injury settlement can affect his ability to benefit from this benefit.
The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements require the payment of over time, rather than one single payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum settlement will impact any existing VA benefits because the VA will annually evaluate and consider it as income. In any case, if there are excess assets are left over after the 12 month period when the settlement is annualized Jim could reapply for the Pension benefit but only if his assets are lower than a threshold with which the VA determines to be a financial need.
Do I have to hire an attorney?
Many spouses, service members and former spouses are confused about VA disability compensation and its impact on the financial aspects of divorce cases. Among other things, some people think that the Department of Veterans Affairs' compensation payments can be split as a military pension in divorce or are "off limits" when it comes to calculation of child support and Alimony. These misconceptions can lead to serious financial errors.
It is possible to submit a claim for disability benefits by yourself, but most disabled veterans will require the help of a qualified lawyer. An experienced veteran's disability lawyer can examine your medical records and gather the necessary evidence to make a convincing argument to the VA. The lawyer can also file any appeals that you may require to get the benefits you deserve.
Moreover, most VA disability lawyers charge no fees for consultations. Additionally the lawyer will usually be paid by the government directly from the retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will be paid must be specified in your fee agreement. A fee agreement could say that, for example, the government would pay the attorney 20% of retroactive benefits. Any additional amounts will be your responsibility.
Can I Garnish My VA Benefits?
If a disabled veteran is granted compensation from the VA it is received in the form of monthly payments. The purpose of the payments is to alleviate the effects of illnesses, injuries or disabilities sustained or worsened during the veteran's service. Like all income, the benefits for veterans with disabilities are subject to garnishment.
Garnishment lets a court order that an employer or government agency withhold cash from the pay of a person who owes an amount and then pay it directly to a creditor. In the event of divorce, garnishment can be used to pay child or spousal support.
However, there are certain situations in which a veteran's disability benefits are able to be garnished. The most frequent is the veteran who has renounced his military retirement in order to receive disability compensation. In these cases the amount of pension that is attributed to disability benefits can be garnished for family support obligations.
In other circumstances, veteran’s benefits can also be garnished in order to pay for medical expenses or federal student loans that are over due. In these instances, a court may be able to directly to the VA to obtain the necessary information. 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 can be a huge aid to veterans and their families, but they do come with their own set-of complications. For example when a veteran is divorced and is awarded a VA disability settlement, they must be aware of how this will affect their benefits.
A major issue in this context is whether or not disability payments are considered to be divisible assets in a divorce. This question has been addressed in two ways. A Colorado court of appeals ruling declared that VA disability payments were not property and therefore could not be divided this manner. Another option is the U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another issue related to this topic is how the disability benefits are interpreted for purposes of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. However, some states have taken an alternative approach. Colorado for instance, adds all income sources together to determine the amount needed to support a spouse and then adds disability benefits in order to account for their tax-free status.
It is also essential that veterans disability law firms (Read A great deal more) know the impact divorce has on their disability compensation and how their spouses who divorced could take advantage of their compensation. By knowing about these issues, veterans can safeguard their compensation and avoid unwanted consequences.
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