How a port allen veterans disability Law firm Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled because of his time in the military. He is able to receive 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 won't. However, it will have an impact on his other sources of income.

Can I receive compensation for an accident?

If you've served in the military, and are permanently disabled because of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will help pay you for medical expenses, lost income and other expenses that resulted from your illness or injury. The type of settlement you'll receive depends on whether your condition is service-connected or not connected, the VA benefits you are eligible for, as well as the amount your accident or injury will cost to treat.

Jim who is a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities because of his two years of service. He doesn't have enough space for work to be eligible for mission Veterans disability attorney Social Security Disability benefits, however, he can claim an VA Pension that offers cash and medical treatment for free dependent on the amount of money he needs. He would like to understand how a personal injury lawsuit will affect his eligibility to get this benefit.

The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements consist of installments over time rather than a single payment. The amount paid by the defendant is calculated to offset existing VA benefits. However, a lump sum settlement will probably affect existing benefits since the VA considers it as income and will increase it. In any event, if extra assets are left after the 12 month period after the settlement is annually recalculated, Jim could apply again for the Pension benefit, but only if his assets fall less than a minimum threshold that the VA agrees establishes 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 think that the Department of Veterans Affairs' compensation payments are able to be divided like a pension from a military service in a divorce or that they are "off limits" when it comes to calculation of child support and alimony. These misconceptions can lead to financial errors which can have serious consequences.

While it is possible to file an initial claim for disability benefits on your own, many disabled veterans benefit from the assistance of an experienced attorney. A veteran's disability lawyer who is experienced can review your medical documents and gather the necessary evidence to present a strong case at the VA. The lawyer can also file any appeals that you might require to get the benefits you deserve.

In addition, the majority of VA disability lawyers don't charge fees for consultations. In addition, 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 proportion of retroactive past-due benefits that your lawyer will be paid should be clearly stated in your fee agreement. For example an agreement on fees could specify that the government will pay the attorney up to 20% of retroactive benefits or provide. Any additional amount is your responsibility.

Can I Garnish My VA Benefits?

When disabled glencoe veterans disability law firm receive compensation from the VA, it comes in the form of monthly payments. The funds are meant to help offset the impact of illnesses, injuries or disabilities that have been sustained or aggravated by a veteran's time of service. The benefits for brier veterans disability attorney with disabilities are subject to garnishment, just like any other income.

Garnishment is a legal procedure that allows a court to require an employer or government agency to take money from the wages of a person who owes money and send them directly to a creditor. In the event of a divorce garnishment can be used to pay child or spousal maintenance.

However, there are a few circumstances where a veteran's disability benefits can be repaid. Most often, it is the case of a veteran who has waived his military retirement to receive disability compensation. In these situations, the portion of the pension allocated to disability payments could be garnished to meet family support obligations.

In other circumstances, veteran’s benefits can also be seized in order to pay for medical expenses or federal student loans that are over due. In these cases the court can go directly to the VA for the information they require. It is vital for disabled veterans to hire a knowledgeable lawyer to ensure that their disability benefits aren't removed. This can help them avoid having to depend on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to veterans as well as their families. However, they come with specific complications. For instance in the event that a veteran gets divorced and is awarded an VA disability settlement, they need to know what this means for their benefits.

In this regard, a major question is whether or not disability payments are considered to be assets which can be divided in divorce. This issue has been settled in a couple of ways. One option is the Colorado court of appeals decision which concluded that VA disability payments are not property and cannot be divided as such. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments to pay Alimony was against the USFSPA.

Another issue that is related to this issue is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. Certain states take different methods. Colorado for instance adds all sources of income together to determine the amount required to support a spouse. It then adds disability income to account for their tax-free status.

It is also important that veterans are aware of how divorce can affect their disability compensation and how their spouses who divorced can garnish their compensation. By being aware of these issues, veterans can safeguard their earnings and avoid any unwanted consequences.