This Week's Top Stories About Veterans Disability Litigation
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How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's client, a 58-year-old man is permanently disabled as a result of his military service. He gets a monthly pension from the Department of Veterans Affairs.
He wants to be aware of whether a verdict by a jury will affect his VA benefits. It will not. But it will have some impact on the other sources of income he has.
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 Veterans Disability Settlement illnesses, you may be eligible for a veterans disability settlement. This settlement can assist in compensating you for medical expenses, lost income and other costs that resulted from your injury or sickness. The type of settlement you can receive will depend on whether your illness or injury is related to service, what VA benefits you qualify to receive, and the amount to treat your accident or injury.
Jim, a 58-year veteran of Vietnam was diagnosed with permanent disabilities as a result of his two years of service. He does not have enough working space to be eligible for Social Security disability benefits but he does have a VA Pension benefit that offers cash and free medical care in accordance with financial need. He wants to be aware of what the implications of a personal injury settlement could affect his eligibility to get this benefit.
The answer is contingent upon whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements consist of payments over a period of time instead of one single payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum payment will affect any existing VA benefits since the VA will annualize and consider it to be income. If Jim has excess assets after the settlement has been annualized and he wants to reapply, he will receive the Pension benefit. However the assets he has to be less than a certain threshold that the VA has set to establish financial necessity.
Do I have to hire an attorney?
Many service members, spouses and former spouses are confused about VA disability compensation and its impact on the financial aspects of divorce cases. Some people think, for instance, that the Department of veterans disability compensation Affairs compensation payments can be divided like the military retirement in divorce cases or that they're "off limits" in calculating child support and Alimony. These misconceptions can lead to financial errors that have serious consequences.
It is possible to submit an application for disability benefits on your own However, most disabled veterans would benefit from the assistance of a skilled lawyer. A veteran's disability lawyer can examine your medical records in order to collect the evidence necessary to argue your argument before the VA. The lawyer can also file any appeals that you may need in order to get the benefits you are entitled to.
Most VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from your payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will be paid should be outlined in your fee agreement. For example your fee agreement may specify that the government will pay the attorney up to 20% of retroactive benefits or award. The attorney is responsible for any additional sums.
Can I Garnish My VA Benefits?
When a disabled veteran receives compensation from the VA, it comes in the form of monthly payments. The purpose of the payments is to offset some of the effects of disability, illness, or injuries sustained during or aggravated during a veteran's military service. Like all income, the veterans disability attorneys disability benefits could be subject to garnishment.
Garnishment is a legal procedure which allows a court decide that an employer or a government agency to deduct funds from the paycheck of a person who owes money, and then send them directly to the creditor. In the event of a divorce the garnishment could be used for child or spousal maintenance.
However, there are certain situations in which a veteran's disability benefits are able to be repaid. The most common situation involves veterans who have waived their military retirement to receive disability compensation. In these instances, the portion of the pension that is attributed to disability benefits could be garnished to meet family support obligations.
In other situations, veteran's benefits may also be seized in order to cover medical expenses or federal student loans that are over due. In these instances, a court can go directly to the VA for the information they need. A disabled veteran should employ an experienced lawyer to protect their disability benefits. This can prevent them from relying on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a huge assistance to veterans disability compensation and their families, however they're not without their own set of complications. For example the case where a veteran is divorced and receives a VA disability settlement, they should be aware of what effect this will have on their benefits.
In this context one of the major issues is whether or not disability payments are considered to be assets which can be divided in divorce. The issue has been resolved in a variety of ways. One way is by the Colorado court of appeals decision, which found that VA disability payments are not property and cannot be divided in that way. The other way is by an U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability payments to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern with this subject is how disability benefits are treated to determine child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from claiming disability benefits as income. Some states have different methods. Colorado, Veterans Disability Settlement for example, adds all income sources together to determine the amount needed to support a spouse. It then adds on disability payments in order to take into account their tax-free status.
It is also important for veterans disability attorney to understand how their disability compensation will be affected if they become divorced and how their ex-spouses may garnish their compensation. By being knowledgeable about these issues, veterans disability lawyers can protect their income and avoid unwanted consequences.
Jim's client, a 58-year-old man is permanently disabled as a result of his military service. He gets a monthly pension from the Department of Veterans Affairs.
He wants to be aware of whether a verdict by a jury will affect his VA benefits. It will not. But it will have some impact on the other sources of income he has.
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 Veterans Disability Settlement illnesses, you may be eligible for a veterans disability settlement. This settlement can assist in compensating you for medical expenses, lost income and other costs that resulted from your injury or sickness. The type of settlement you can receive will depend on whether your illness or injury is related to service, what VA benefits you qualify to receive, and the amount to treat your accident or injury.
Jim, a 58-year veteran of Vietnam was diagnosed with permanent disabilities as a result of his two years of service. He does not have enough working space to be eligible for Social Security disability benefits but he does have a VA Pension benefit that offers cash and free medical care in accordance with financial need. He wants to be aware of what the implications of a personal injury settlement could affect his eligibility to get this benefit.
The answer is contingent upon whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements consist of payments over a period of time instead of one single payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum payment will affect any existing VA benefits since the VA will annualize and consider it to be income. If Jim has excess assets after the settlement has been annualized and he wants to reapply, he will receive the Pension benefit. However the assets he has to be less than a certain threshold that the VA has set to establish financial necessity.
Do I have to hire an attorney?
Many service members, spouses and former spouses are confused about VA disability compensation and its impact on the financial aspects of divorce cases. Some people think, for instance, that the Department of veterans disability compensation Affairs compensation payments can be divided like the military retirement in divorce cases or that they're "off limits" in calculating child support and Alimony. These misconceptions can lead to financial errors that have serious consequences.
It is possible to submit an application for disability benefits on your own However, most disabled veterans would benefit from the assistance of a skilled lawyer. A veteran's disability lawyer can examine your medical records in order to collect the evidence necessary to argue your argument before the VA. The lawyer can also file any appeals that you may need in order to get the benefits you are entitled to.
Most VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from your payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will be paid should be outlined in your fee agreement. For example your fee agreement may specify that the government will pay the attorney up to 20% of retroactive benefits or award. The attorney is responsible for any additional sums.
Can I Garnish My VA Benefits?
When a disabled veteran receives compensation from the VA, it comes in the form of monthly payments. The purpose of the payments is to offset some of the effects of disability, illness, or injuries sustained during or aggravated during a veteran's military service. Like all income, the veterans disability attorneys disability benefits could be subject to garnishment.
Garnishment is a legal procedure which allows a court decide that an employer or a government agency to deduct funds from the paycheck of a person who owes money, and then send them directly to the creditor. In the event of a divorce the garnishment could be used for child or spousal maintenance.
However, there are certain situations in which a veteran's disability benefits are able to be repaid. The most common situation involves veterans who have waived their military retirement to receive disability compensation. In these instances, the portion of the pension that is attributed to disability benefits could be garnished to meet family support obligations.
In other situations, veteran's benefits may also be seized in order to cover medical expenses or federal student loans that are over due. In these instances, a court can go directly to the VA for the information they need. A disabled veteran should employ an experienced lawyer to protect their disability benefits. This can prevent them from relying on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a huge assistance to veterans disability compensation and their families, however they're not without their own set of complications. For example the case where a veteran is divorced and receives a VA disability settlement, they should be aware of what effect this will have on their benefits.
In this context one of the major issues is whether or not disability payments are considered to be assets which can be divided in divorce. The issue has been resolved in a variety of ways. One way is by the Colorado court of appeals decision, which found that VA disability payments are not property and cannot be divided in that way. The other way is by an U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability payments to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern with this subject is how disability benefits are treated to determine child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from claiming disability benefits as income. Some states have different methods. Colorado, Veterans Disability Settlement for example, adds all income sources together to determine the amount needed to support a spouse. It then adds on disability payments in order to take into account their tax-free status.
It is also important for veterans disability attorney to understand how their disability compensation will be affected if they become divorced and how their ex-spouses may garnish their compensation. By being knowledgeable about these issues, veterans disability lawyers can protect their income and avoid unwanted consequences.
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