How a catoosa veterans Disability attorney (vimeo.Com) 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 sugar hill veterans disability attorney Affairs.

He wants to know how the jury's verdict will impact his VA benefits. The answer is not. However, it will affect the other sources of income he earns.

Can I claim compensation for an accident?

You may be eligible for a settlement if were a soldier but are now permanently disabled because of injuries or illnesses. This settlement will allow you to receive compensation for your medical bills, lost wages, and wharton veterans disability lawsuit other expenses resulting from your illness or injury. The type of settlement you can receive will depend on whether or not your illness or injury is related to service, what VA benefits you qualify for, and the amount you will need to treat your accident or injury.

Jim, a 58 year veteran of the Vietnam war was diagnosed with permanent disabilities due to his two years of service. Jim does not have enough work space to qualify for Social Security Disability benefits, however, he can claim the VA Pension, which provides cash and medical treatment for free dependent on the amount of money he needs. He would like to be aware of whether a personal injury settlement will affect his ability to receive this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements are those that are made over a time period rather than a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will likely affect existing benefits since the VA considers it income and will annualize it. If Jim has excess assets after the settlement is annualized the applicant can apply again to receive the Pension benefit. However the assets he has to be under a limit that the VA has set to establish financial necessity.

Do I need to employ an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its impact on money issues in a divorce case. There are many other reasons, but some people believe that the Department of Veterans Affairs' compensation payments can be divided like a military pension in divorce or Hermitage Veterans Disability Attorney are "off limits" in calculation of child support and alimony. These misconceptions could lead serious financial mistakes.

While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans benefit from the help of a qualified attorney. A disability attorney for veterans can examine your medical records in order to gather the evidence needed to prove your case in front of the VA. The lawyer can also help to file any appeals you may require to obtain the benefits you deserve.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. In addition the lawyer will usually be paid by the government directly from your retroactive past due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will be paid should be clearly outlined in your fee agreement. A fee agreement may stipulate for instance that the government will pay the attorney 20 percent of retroactive benefits. Any additional amounts will be your responsibility.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA, it comes in the form of monthly payments. These payments are designed to help offset the effects of diseases, disabilities or injuries sustained or aggravated by the veteran's military service. Like all incomes, veterans disability benefits can be subject to garnishment.

Garnishment is a legal procedure which allows a court make an order to an employer or government agency to withhold funds from the wages of a person who owes money and transfer them directly to an individual creditor. In the case of divorce, garnishment could be used to pay for spousal support or child support.

However, there are certain circumstances where a veteran's disability benefits are able to be refunded. The most frequent scenario involves hitchcock veterans disability attorney who have waived their military retirement to receive disability compensation. In these cases, the amount of pension that is allocated to disability pay may be garnished for family support obligations.

In other circumstances, veteran's benefits could be garnished to cover medical expenses or federal student loans that are past due. In these cases, a court can go directly to the VA to obtain the information they need. A disabled veteran should employ an experienced attorney to safeguard their disability benefits. This can help them avoid being forced to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great aid to veterans and their families. However they do come with their own set of complications. If a person divorces and receives an VA settlement it is important to be aware of the implications to the benefits they receive.

In this context one of the major issues is whether disability payments count as assets that could be divided during a divorce. This issue has been settled in a variety of ways. One method is an Colorado court of appeals decision, which found that VA disability payments are not property and cannot be divided in that 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 relating to this topic is the treatment of disability benefits for child support and maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from utilizing disability benefits as income. However, some states have chosen to take different approaches. Colorado for instance takes all income sources together to determine the amount needed to support a spouse. It then adds on disability payments to reflect their tax-free status.

It is also essential to know how divorce will affect their disability benefits and how ex-spouses could slash their benefits. By being informed about these issues, veterans can protect their income and avoid unintended consequences.