10 Quick Tips About Veterans Disability Litigation
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How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's client, 58 years old, 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 an award from a jury will impact his VA benefits. The answer is that it will not. But it will have some impact on his other sources of income.
Can I receive compensation in the event of an accident?
If you have served in the military but are now permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will allow you to receive compensation for your medical expenses, lost wages, and other expenses resulting from your illness or injury. The type of settlement you'll be able to get will depend on whether the medical condition is service-connected, or not connected, what VA benefits you are eligible for, and the amount your accident or injury will cost to treat.
For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. Jim does not have enough work space to qualify for Social Security Disability benefits, however, he can claim a VA Pension that provides free medical treatment and cash depending on the financial needs of his. He would like to determine if a personal accident settlement would affect his ability get this benefit.
The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements are based on payments over a period of time, rather than a single payment. The amount paid by the defendant is calculated to offset the existing VA benefits. A lump sum settlement will affect any existing VA benefits because the VA will annually calculate and consider it as income. If Jim has surplus assets after the settlement is annually adjusted then he is eligible to receive the Pension benefit. However his assets must be less than a certain threshold that the VA has set that establishes financial necessity.
Do I require an Attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on money issues in divorce cases. In addition, some people believe that the Department of veterans disability attorneys Affairs' compensation payments are able to be divided as a military pension in divorce or veterans disability settlement are "off limits" in calculation of child support and alimony. These misconceptions can lead to financial errors that can have grave consequences.
It is possible to submit a claim for disability benefits on your own however, the majority of disabled veterans disability lawyers will benefit from the assistance from a competent lawyer. A veteran's disability lawyer can examine your medical records in order to collect the evidence necessary to present a convincing case in front of the VA. The lawyer can also file any appeals you might need to get the benefits you deserve.
Furthermore, the majority of VA disability lawyers charge no fees for consultations. The government will also pay the lawyer directly from the award of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly specify the amount of retroactive benefits to be paid to your lawyer. For instance your fee agreement may stipulate that the government will pay the attorney up to 20% of retroactive benefits or pay. Any additional amounts will be your responsibility.
Can I Garnish My VA Benefits?
If a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. These payments are designed to offset some of the effects of disability, illness, or injuries sustained during or aggravated by the veteran's military service. The benefits for veterans with disabilities are subject to garnishment as is any other income.
Garnishment allows a court order that an employer or government agency stop funds from the paycheck of a person who is in the process of paying a debt and send it directly to the creditor. In the case of a divorce, garnishment could be used to pay spousal maintenance or child support.
There are some situations where veterans' benefits could be encashable. Most often, it is the case of a veteran who waived his military retirement in order to receive disability compensation. In these scenarios, the portion of pension that is allocated to disability pay can also be garnished in order to meet family support obligations.
In other situations, veteran’s benefits can also be seized in order to pay for medical expenses or federal student loans that are past due. In these cases a judge can refer a case directly to the VA for the information they require. It is essential for disabled veterans to work with a reputable attorney to ensure that their disability benefits are not garnished. This will stop them from relying on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements are a great help to veterans as well as their families. However, they come with specific complications. If a veteran is divorced and receives a VA settlement it is important to be aware of what this might do to the benefits they receive.
In this regard, the main question is whether disability payments are considered to be assets that can be divided in divorce. This issue has been settled in a variety of ways. A Colorado court of appeals decision determined that VA disability payments were not property and therefore could not be divided this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments to pay alimony was a violation of USFSPA.
Another concern with this subject is the treatment of disability benefits to children for maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. However, some states have adopted an alternative approach. Colorado for instance, takes all income sources together to determine the amount needed to support a spouse. It then adds on disability payments to account for their tax-free status.
It is also important for veterans disability claim to know how their disability compensation will be affected if they are divorced and how their ex-spouses may affect their compensation. By being aware of these issues, veterans can protect their compensation and avoid the unintended consequences.
Jim's client, 58 years old, 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 an award from a jury will impact his VA benefits. The answer is that it will not. But it will have some impact on his other sources of income.
Can I receive compensation in the event of an accident?
If you have served in the military but are now permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will allow you to receive compensation for your medical expenses, lost wages, and other expenses resulting from your illness or injury. The type of settlement you'll be able to get will depend on whether the medical condition is service-connected, or not connected, what VA benefits you are eligible for, and the amount your accident or injury will cost to treat.
For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. Jim does not have enough work space to qualify for Social Security Disability benefits, however, he can claim a VA Pension that provides free medical treatment and cash depending on the financial needs of his. He would like to determine if a personal accident settlement would affect his ability get this benefit.
The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements are based on payments over a period of time, rather than a single payment. The amount paid by the defendant is calculated to offset the existing VA benefits. A lump sum settlement will affect any existing VA benefits because the VA will annually calculate and consider it as income. If Jim has surplus assets after the settlement is annually adjusted then he is eligible to receive the Pension benefit. However his assets must be less than a certain threshold that the VA has set that establishes financial necessity.
Do I require an Attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on money issues in divorce cases. In addition, some people believe that the Department of veterans disability attorneys Affairs' compensation payments are able to be divided as a military pension in divorce or veterans disability settlement are "off limits" in calculation of child support and alimony. These misconceptions can lead to financial errors that can have grave consequences.
It is possible to submit a claim for disability benefits on your own however, the majority of disabled veterans disability lawyers will benefit from the assistance from a competent lawyer. A veteran's disability lawyer can examine your medical records in order to collect the evidence necessary to present a convincing case in front of the VA. The lawyer can also file any appeals you might need to get the benefits you deserve.
Furthermore, the majority of VA disability lawyers charge no fees for consultations. The government will also pay the lawyer directly from the award of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly specify the amount of retroactive benefits to be paid to your lawyer. For instance your fee agreement may stipulate that the government will pay the attorney up to 20% of retroactive benefits or pay. Any additional amounts will be your responsibility.
Can I Garnish My VA Benefits?
If a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. These payments are designed to offset some of the effects of disability, illness, or injuries sustained during or aggravated by the veteran's military service. The benefits for veterans with disabilities are subject to garnishment as is any other income.
Garnishment allows a court order that an employer or government agency stop funds from the paycheck of a person who is in the process of paying a debt and send it directly to the creditor. In the case of a divorce, garnishment could be used to pay spousal maintenance or child support.
There are some situations where veterans' benefits could be encashable. Most often, it is the case of a veteran who waived his military retirement in order to receive disability compensation. In these scenarios, the portion of pension that is allocated to disability pay can also be garnished in order to meet family support obligations.
In other situations, veteran’s benefits can also be seized in order to pay for medical expenses or federal student loans that are past due. In these cases a judge can refer a case directly to the VA for the information they require. It is essential for disabled veterans to work with a reputable attorney to ensure that their disability benefits are not garnished. This will stop them from relying on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements are a great help to veterans as well as their families. However, they come with specific complications. If a veteran is divorced and receives a VA settlement it is important to be aware of what this might do to the benefits they receive.
In this regard, the main question is whether disability payments are considered to be assets that can be divided in divorce. This issue has been settled in a variety of ways. A Colorado court of appeals decision determined that VA disability payments were not property and therefore could not be divided this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments to pay alimony was a violation of USFSPA.
Another concern with this subject is the treatment of disability benefits to children for maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. However, some states have adopted an alternative approach. Colorado for instance, takes all income sources together to determine the amount needed to support a spouse. It then adds on disability payments to account for their tax-free status.
It is also important for veterans disability claim to know how their disability compensation will be affected if they are divorced and how their ex-spouses may affect their compensation. By being aware of these issues, veterans can protect their compensation and avoid the unintended consequences.
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