How a north richland hills veterans disability law firm Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man is permanently disabled due to his military service. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to be aware of whether a verdict by a jury will impact his VA benefits. It will not. It will, however, have an impact on his other income sources.

Do I have the right to receive compensation for an accident?

If you have served in the military and are 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 bills, lost income, and other costs that resulted from your illness or injury. The kind of settlement you can receive depends on whether your condition is service-connected or non-service connected, which VA benefits you are eligible for, and how much your injury or accident will cost to treat.

Jim, a 58-year veteran of the Vietnam war, was diagnosed as having permanent disabilities due to his two years of service. He isn't in a position to have enough work space to be eligible for Social Security Disability benefits, however, he does have a VA Pension that provides cash and medical care for free dependent on the amount of money he needs. He wants to know what the implications of a personal injury settlement could affect his eligibility to receive this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements consist of payments over time, rather than one single payment. The amount paid by the defendant is calculated to offset existing VA benefits. However, a lump sum settlement will probably affect any existing benefits because the VA considers it as income and will increase it. In either case, if excess assets are left over after the twelve month period after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit, but only if his assets are below a threshold that the VA agrees establishes financial need.

Do I require an attorney?

Many service members, spouses 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, for instance, that the Department of Veterans Affairs compensation payments can be split like the military retirement in divorce cases or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions could lead to financial mistakes that have serious consequences.

It is possible to submit a claim for disability benefits by yourself, but most disabled oxford veterans disability lawsuit will require the help of a skilled lawyer. A qualified veteran's disability lawyer can review your medical documents and gather the required evidence to present a strong argument to the VA. The lawyer can also file any appeals you might require to receive the benefits you are entitled to.

Additionally, the majority of VA disability lawyers charge no fees for consultations. Additionally that the lawyer will normally be paid by the government directly from your retroactive past due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly define the proportion of retroactive benefits to be paid to your lawyer. A fee agreement could stipulate, for example, that the government will give the attorney up to 20 percent of retroactive benefits. You will be accountable for any additional sums.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA the compensation is paid in the form of monthly payments. The funds are intended to alleviate some of the effects of disabilities, diseases or injuries sustained or aggravated during a veteran's military service. Like all incomes, benefits for brenham veterans disability lawsuit with disabilities are subject to garnishment.

Garnishment is a court-ordered procedure that an employer or government agency stop cash from the pay of a person who owes an obligation and pay it directly to a creditor. In the event of divorce, garnishment can be used to pay spousal or child support or child support.

However, there are some circumstances where a veteran's disability benefits could be repaid. Most common is the veteran who has renounced his retirement from the military in order to receive disability compensation. In these situations the amount of pension that is allocated to disability benefits can be garnished in order to meet family support obligations.

In other cases, a veteran's benefits can be garnished to pay for medical expenses or past-due federal student loans. In these cases, a court may be able to direct the case to the VA to obtain the necessary information. A disabled veteran should seek out an experienced attorney to safeguard their disability benefits. This will allow them to avoid being forced to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great assistance to veterans and their families. However they do come with their own set of complications. If a person divorces and receives an VA settlement, he or she should be aware of the implications to the benefits they receive.

A major issue in this context is whether or not the disability payments are considered divisible assets in a divorce. This issue has been addressed in a variety of ways. A Colorado court of appeals ruling determined that VA disability payments were not property and could not be divided in this 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 related to this issue is how disability benefits are interpreted to determine child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. Certain states take different methods. Colorado for instance, adds all income sources together to determine the amount needed to provide for a spouse. Colorado then adds disability benefits to reflect their tax-free status.

It is also crucial that veterans understand how divorce will affect their disability compensation and west point veterans Disability law firm how their spouses who divorced can slash their income. By being informed about these issues, cudahy veterans disability law firm vets can protect their income as well as avoid any unintended consequences.