How To Outsmart Your Boss On 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 is able to receive a monthly pension from the Department of Veterans Affairs.
He wants to know how the jury's verdict will impact his VA benefits. The answer is not. It will, however, affect his other sources of income.
Can I get compensation for an Accident?
You may be eligible for a settlement in the event that you have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement could help you receive compensation for your medical bills, lost wages and other expenses resulting from your illness or injury. The type of settlement you'll be able to receive depends on whether your medical 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 instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He does not have enough working space to qualify for Social Security disability benefits but he does have a VA Pension benefit, which offers medical care and cash based on financial need. He would like to determine if a personal accident settlement could affect his ability to be eligible for this benefit.
The answer is contingent upon whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are settlements that are paid over a time period instead of in one payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum settlement will affect any existing VA benefits because the VA will annualize and consider it income. In the event that there are any excess assets are left after the period of twelve months when the settlement has been annualized Jim could apply again for the pension benefit, but only if his assets fall below a certain threshold that the VA accepts as establishing financial need.
Do I require an attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on financial issues in divorce cases. Some people believe, among other things, that Department of Veterans Affairs compensation payments can be split as 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.
While it is possible to file an initial claim for disability benefits on your own, most disabled veterans can benefit from the assistance of a professional lawyer. A veteran's disability lawyer who is experienced can review your medical documents and gather the necessary evidence needed to build a strong case at the VA. The lawyer will also be able to file any appeals you may require to secure the benefits you're entitled.
Furthermore, the majority of VA disability lawyers charge no fees for consultations. Additionally that the lawyer will normally be paid by the government directly out of the retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will be paid must be specified in your fee agreement. A fee agreement could say that, for example, the government would pay the attorney 20% of retroactive benefits. You will be accountable for any additional amount.
Can I Garnish My VA Benefits?
The VA offers monthly payments to disabled veterans. The purpose of the payments is to help offset the impact of injuries, illnesses or disabilities that have been sustained or aggravated by a veteran's time of service. The benefits for veterans with disabilities are subject to garnishment, just like other incomes.
Garnishment is a court-ordered procedure that an employer or government agency deduct money from the wages of an individual who owes a debt and send it directly to a creditor. In the event of a divorce garnishment may be used to pay child or spousal maintenance.
There are situations where the benefits of a veteran could be encashable. The most common scenario is that of a veteran who renounced his military retirement to receive disability compensation. In these cases the amount of pension that is attributed to disability benefits can be garnished for family support obligations.
In other instances veterans' benefits could be seized to pay medical expenses or past due federal student loans. In these situations the court may be able to go straight to the VA to get the required information. It is crucial for a disabled veteran to find a competent attorney to ensure that their disability benefits aren't being snatched away. This can help them avoid having to depend on payday loans or private loans. lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a big aid to veterans and their families, but they don't come without their own set-of complications. If a veteran is divorced and receives a VA settlement then they must be aware of the impact this could have to the benefits they receive.
In this case, the main question is whether or not disability payments are considered to be assets that can be divided in divorce. This question has been resolved in two ways. A Colorado court of appeals decision decided that VA disability payments were not property and could not be divided this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments for the purpose of alimony was in violation of USFSPA.
Another concern with this issue is the handling of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. However, some states have chosen to take the opposite approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds the disability benefits to take into the fact that they are tax-free.
It is also important that veterans disability attorneys know how divorce can affect their disability benefits and how ex-spouses could take advantage of their compensation. By being aware of these issues, veterans can protect their benefits and avoid unintended consequences.
Jim's client, a 58 year old man, is permanently disabled as a result of his military service. He is able to receive a monthly pension from the Department of Veterans Affairs.
He wants to know how the jury's verdict will impact his VA benefits. The answer is not. It will, however, affect his other sources of income.
Can I get compensation for an Accident?
You may be eligible for a settlement in the event that you have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement could help you receive compensation for your medical bills, lost wages and other expenses resulting from your illness or injury. The type of settlement you'll be able to receive depends on whether your medical 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 instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He does not have enough working space to qualify for Social Security disability benefits but he does have a VA Pension benefit, which offers medical care and cash based on financial need. He would like to determine if a personal accident settlement could affect his ability to be eligible for this benefit.
The answer is contingent upon whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are settlements that are paid over a time period instead of in one payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum settlement will affect any existing VA benefits because the VA will annualize and consider it income. In the event that there are any excess assets are left after the period of twelve months when the settlement has been annualized Jim could apply again for the pension benefit, but only if his assets fall below a certain threshold that the VA accepts as establishing financial need.
Do I require an attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on financial issues in divorce cases. Some people believe, among other things, that Department of Veterans Affairs compensation payments can be split as 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.
While it is possible to file an initial claim for disability benefits on your own, most disabled veterans can benefit from the assistance of a professional lawyer. A veteran's disability lawyer who is experienced can review your medical documents and gather the necessary evidence needed to build a strong case at the VA. The lawyer will also be able to file any appeals you may require to secure the benefits you're entitled.
Furthermore, the majority of VA disability lawyers charge no fees for consultations. Additionally that the lawyer will normally be paid by the government directly out of the retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will be paid must be specified in your fee agreement. A fee agreement could say that, for example, the government would pay the attorney 20% of retroactive benefits. You will be accountable for any additional amount.
Can I Garnish My VA Benefits?
The VA offers monthly payments to disabled veterans. The purpose of the payments is to help offset the impact of injuries, illnesses or disabilities that have been sustained or aggravated by a veteran's time of service. The benefits for veterans with disabilities are subject to garnishment, just like other incomes.
Garnishment is a court-ordered procedure that an employer or government agency deduct money from the wages of an individual who owes a debt and send it directly to a creditor. In the event of a divorce garnishment may be used to pay child or spousal maintenance.
There are situations where the benefits of a veteran could be encashable. The most common scenario is that of a veteran who renounced his military retirement to receive disability compensation. In these cases the amount of pension that is attributed to disability benefits can be garnished for family support obligations.
In other instances veterans' benefits could be seized to pay medical expenses or past due federal student loans. In these situations the court may be able to go straight to the VA to get the required information. It is crucial for a disabled veteran to find a competent attorney to ensure that their disability benefits aren't being snatched away. This can help them avoid having to depend on payday loans or private loans. lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a big aid to veterans and their families, but they don't come without their own set-of complications. If a veteran is divorced and receives a VA settlement then they must be aware of the impact this could have to the benefits they receive.
In this case, the main question is whether or not disability payments are considered to be assets that can be divided in divorce. This question has been resolved in two ways. A Colorado court of appeals decision decided that VA disability payments were not property and could not be divided this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments for the purpose of alimony was in violation of USFSPA.
Another concern with this issue is the handling of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. However, some states have chosen to take the opposite approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds the disability benefits to take into the fact that they are tax-free.
It is also important that veterans disability attorneys know how divorce can affect their disability benefits and how ex-spouses could take advantage of their compensation. By being aware of these issues, veterans can protect their benefits and avoid unintended consequences.
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