25 Amazing Facts About Veterans Disability Litigation
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How a veterans disability attorney Disability Settlement Can Affect a Divorce Case
Jim's 58 year old client is permanently disabled due to his military service. He receives a monthly Pension benefit from the Department of veterans disability lawyers Affairs.
He wants to know how an award from a jury will affect his VA benefits. It won't. It will, however, have an impact on his other income sources.
Can I Get Compensation for an Accident?
If you've been in the military and are now permanently disabled due to injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can allow you to receive compensation for your medical bills, lost wages and other expenses that result from your illness or injury. The kind of settlement you'll be able to receive depends on whether your health condition is non-service connected, what VA benefits you are eligible for, and what your accident or injury will cost to treat.
For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He does not have enough work space to qualify for Social Security Disability benefits, however, he is able to claim the VA Pension, which provides free medical treatment and cash according to his financial need. He would like to find out if a personal injury settlement could affect his ability to receive this benefit.
The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements require payments over a period of time instead of one payment. The amount paid by the defendant is calculated to offset existing VA benefits. In contrast, a lump sum payout will likely alter any existing benefits as the VA considers it income and will annualize it. In any event, if extra assets remain after the period of twelve months when the settlement is annualized, Jim may be eligible to apply again for the Pension benefit but only if his assets fall less than a minimum threshold that the VA determines to be a financial need.
Do I Need to Hire an attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of a divorce case. Some people believe, among other things that the Department of Veterans Affairs compensation payments can be divided like military retirements in divorce cases or that they're "off limits" when calculating child support and alimony. These misconceptions may lead to grave financial errors.
While it is possible to do an initial claim for disability benefits on your own, the majority of disabled veterans get the help of a qualified lawyer. A skilled veteran's disability lawyer will review your medical documents and gather the necessary evidence to support your case to the VA. The lawyer can also help to make any appeals you require to obtain the benefits you are entitled to.
In addition, the majority of VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from the payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly define the proportion of retroactive benefits that will be paid to your lawyer. For example an agreement on fees could state that the government will pay the lawyer up to 20% of retroactive benefits or award. You will be accountable for any additional costs.
Can I Garnish My VA Benefits?
If a disabled veteran is granted compensation from the VA, it comes in the form of monthly payments. The payments are intended to alleviate the effects of injuries, illnesses or disabilities sustained or aggravated by a veteran's time of service. Like all incomes, benefits for veterans with disabilities are subject to garnishment.
Garnishment lets a court order that an employer or government agency withhold money from the pay of a person who owes an amount and then pay it directly to the creditor. In the event of divorce, garnishment can be used to pay child or spousal support.
There are a few situations in which veterans' benefits could be repaid. Most common is the veteran who has renounced his military retirement in order to receive disability compensation. In these cases the part of pension that is devoted to disability compensation can be garnished to meet family support obligations.
In other cases the benefits of a veteran can be garnished to pay for medical expenses or past due federal student loans. In these situations the court could go directly to the VA to obtain the information they require. A disabled veteran should hire an experienced attorney to safeguard 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 can be a huge aid to veterans and their families. However they have certain complications. If a person divorces and receives a VA settlement it is important to be aware of the impact this could have to their benefits.
A major issue in this context is whether disability benefits are considered divisible assets in a divorce. The question has been answered in two ways. One is through a Colorado court of appeals decision that 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 issue that is related to this topic is the treatment of disability benefits for child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. However, certain states have chosen to take different approaches. Colorado for instance takes all income sources together to determine the amount required to support a spouse. The state then adds disability payments in order to account for their tax-free status.
It is also essential that veterans understand how divorce affects their disability compensation and how their ex spouses could take advantage of their compensation. By being informed about these issues, veterans can protect their compensation and avoid any unintended consequences.
Jim's 58 year old client is permanently disabled due to his military service. He receives a monthly Pension benefit from the Department of veterans disability lawyers Affairs.
He wants to know how an award from a jury will affect his VA benefits. It won't. It will, however, have an impact on his other income sources.
Can I Get Compensation for an Accident?
If you've been in the military and are now permanently disabled due to injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can allow you to receive compensation for your medical bills, lost wages and other expenses that result from your illness or injury. The kind of settlement you'll be able to receive depends on whether your health condition is non-service connected, what VA benefits you are eligible for, and what your accident or injury will cost to treat.
For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He does not have enough work space to qualify for Social Security Disability benefits, however, he is able to claim the VA Pension, which provides free medical treatment and cash according to his financial need. He would like to find out if a personal injury settlement could affect his ability to receive this benefit.
The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements require payments over a period of time instead of one payment. The amount paid by the defendant is calculated to offset existing VA benefits. In contrast, a lump sum payout will likely alter any existing benefits as the VA considers it income and will annualize it. In any event, if extra assets remain after the period of twelve months when the settlement is annualized, Jim may be eligible to apply again for the Pension benefit but only if his assets fall less than a minimum threshold that the VA determines to be a financial need.
Do I Need to Hire an attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of a divorce case. Some people believe, among other things that the Department of Veterans Affairs compensation payments can be divided like military retirements in divorce cases or that they're "off limits" when calculating child support and alimony. These misconceptions may lead to grave financial errors.
While it is possible to do an initial claim for disability benefits on your own, the majority of disabled veterans get the help of a qualified lawyer. A skilled veteran's disability lawyer will review your medical documents and gather the necessary evidence to support your case to the VA. The lawyer can also help to make any appeals you require to obtain the benefits you are entitled to.
In addition, the majority of VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from the payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly define the proportion of retroactive benefits that will be paid to your lawyer. For example an agreement on fees could state that the government will pay the lawyer up to 20% of retroactive benefits or award. You will be accountable for any additional costs.
Can I Garnish My VA Benefits?
If a disabled veteran is granted compensation from the VA, it comes in the form of monthly payments. The payments are intended to alleviate the effects of injuries, illnesses or disabilities sustained or aggravated by a veteran's time of service. Like all incomes, benefits for veterans with disabilities are subject to garnishment.
Garnishment lets a court order that an employer or government agency withhold money from the pay of a person who owes an amount and then pay it directly to the creditor. In the event of divorce, garnishment can be used to pay child or spousal support.
There are a few situations in which veterans' benefits could be repaid. Most common is the veteran who has renounced his military retirement in order to receive disability compensation. In these cases the part of pension that is devoted to disability compensation can be garnished to meet family support obligations.
In other cases the benefits of a veteran can be garnished to pay for medical expenses or past due federal student loans. In these situations the court could go directly to the VA to obtain the information they require. A disabled veteran should hire an experienced attorney to safeguard 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 can be a huge aid to veterans and their families. However they have certain complications. If a person divorces and receives a VA settlement it is important to be aware of the impact this could have to their benefits.
A major issue in this context is whether disability benefits are considered divisible assets in a divorce. The question has been answered in two ways. One is through a Colorado court of appeals decision that 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 issue that is related to this topic is the treatment of disability benefits for child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. However, certain states have chosen to take different approaches. Colorado for instance takes all income sources together to determine the amount required to support a spouse. The state then adds disability payments in order to account for their tax-free status.
It is also essential that veterans understand how divorce affects their disability compensation and how their ex spouses could take advantage of their compensation. By being informed about these issues, veterans can protect their compensation and avoid any unintended consequences.
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