How a san marino veterans disability lawsuit 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 receives a monthly pension benefit from the Department of Veterans Affairs.

He would like to know if a verdict of a juror will impact his VA benefits. It will not. However, it will have an impact on the other sources of income he has.

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

You could be eligible for a settlement if have served in the military, but are now permanently disabled because of injuries or lawsuit illnesses. This settlement will help pay you for medical bills, lost income and other expenses that resulted from your illness or injury. The kind of settlement you'll get depends on whether or not your condition is service-connected or not connected, the VA benefits you are eligible for, and what your injury or accident will cost to treat.

For example, 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 be eligible for Social Security disability benefits but the VA Pension benefit that offers medical care and cash based on financial need. He wants to know how a personal injury lawsuit will affect his ability to receive this benefit.

The answer is dependent on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements involve installments over time, rather than a single payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum settlement will impact any existing VA benefits because the VA will annually assess and count it to be income. In the event that there are any excess assets are left after the twelve month period when the settlement is annualized Jim may be eligible to apply again for the Pension benefit but only if his assets are below a threshold that the VA agrees establishes financial need.

Do I have to hire an attorney?

Many spouses, service members and former spouses are concerned about VA disability payments and their impact on money issues during a divorce. Some people believe, among other things that Department of Veterans Affairs compensation payments can be split as a military retirement in divorce cases, or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can result in financial mistakes that have serious repercussions.

It is possible to file a claim for disability benefits yourself however, the majority of disabled veterans will require the help from a competent lawyer. A veteran's disability attorney will 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 might require to receive the benefits you deserve.

Additionally, the majority of VA disability lawyers do not charge 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. The fee agreement should clearly specify the proportion of retroactive benefits to be paid to your lawyer. For instance your fee agreement may state that the government will pay the lawyer up to 20% of retroactive benefits or award. Any additional amounts are your responsibility.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. The purpose of the payments is to offset the effects of diseases, injuries or lawsuit disabilities that have been sustained or aggravated during the course of a veteran's time of service. The minot veterans disability lawyer disability benefits are subject to garnishment, just like other incomes.

Garnishment is a legal process that allows a judge to decide that an employer or a government agency to deduct funds from the wages of a person who owes money, and then send them directly to the creditor. In the event of divorce, garnishment can be used for child or spousal maintenance.

There are situations where the benefits of a veteran can be encashable. Most often, it is the case of a veteran who waived his military retirement to receive disability compensation. In these situations the portion of the pension that is attributed to disability benefits can be garnished to pay family support obligations.

In other cases the benefits of a veteran can be seized to pay medical expenses or past-due federal student loans. In these cases, a court can go directly to the VA to obtain the information they require. A disabled veteran should hire an experienced lawyer to protect their disability benefits. This can prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major benefit for veterans and their families, but they come with their own set of complications. If a veteran gets divorced and receives a VA settlement and is eligible, they should be aware of what this might do to their benefits.

One of the major issues in this context is whether or not the disability payments count as divisible assets in divorce. This question has been resolved in a couple of ways. One method is a Colorado court of appeals decision that found that VA disability payments are not property and cannot be divided in this way. Another method is a U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this issue is the handling of disability benefits to children for maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. Certain states use different approaches. Colorado, for example, adds all income sources together to determine the amount required to provide for a spouse. Colorado then adds disability benefits to reflect their tax-free status.

It is also important for veterans to be aware of how their disability compensation will be affected when they get divorced and how their spouses' ex-spouses could garnish their compensation. By being knowledgeable about these issues, veterans can safeguard their income and avoid unintended consequences.