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What's The Current Job Market For Veterans Disability Litigation Professionals?
How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's client, a 58-year-old man is permanently disabled because of his military service. He receives a monthly pension benefit from the Department of veterans disability lawsuit Affairs.
He wants to know if a jury award will affect his VA benefits. It won't. It will, however, affect the other sources of income he earns.
Can I get compensation for an Accident?
You may be eligible for a settlement if were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement could help you receive compensation for your medical bills, lost wages, and other expenses resulting from your injury or illness. The type of settlement you'll be able to receive will depend on whether your medical condition is service-connected, or not connected, the VA benefits you are eligible for, and the amount your injury or accident will cost to treat.
For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. He doesn't have enough work quarters to qualify for Social Security disability benefits but he does have a VA Pension benefit that offers cash and free medical assistance that is based on financial need. He wants to be aware of whether a personal injury settlement could affect his ability 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 are those that are made over a time period rather than in a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum settlement can impact any existing VA benefits as the VA will annually evaluate and consider it as income. In any event, if extra assets are left over 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 less than a minimum threshold that the VA agrees establishes financial need.
Do I require an attorney?
Many service members, spouses and former spouses are confused about VA disability compensation and its impact on money issues in divorce cases. In addition, some people believe that the Department of Veterans Affairs' compensation payments can be divided like a military pension in a divorce or that they are "off limits" when it comes to calculation of child support and Alimony. These misconceptions could lead to grave financial errors.
While it is possible to do an initial claim for disability benefits by yourself, the majority of disabled veterans require the assistance of an experienced lawyer. A veteran's disability attorney can examine your medical records in order to gather the evidence needed to argue your case in front of the VA. The lawyer can also file any appeals that you may require to get the benefits you deserve.
Moreover, most VA disability lawyers charge no fees for consultations. The government also pays the lawyer directly from the benefit of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The fee agreement should clearly specify the amount of retroactive benefits to be paid to your lawyer. A fee agreement could say for instance that the government would pay the attorney 20% of retroactive benefits. Any additional amounts will be your obligation.
Can I Garnish My VA Benefits?
If a disabled veteran is granted compensation from the VA it is received in the form of monthly payments. These payments are designed to alleviate the effects of illnesses, injuries or disabilities that have been sustained or worsened during the veteran's service. Like other income sources, veterans disability benefits can be subject to garnishment.
Garnishment is a legal action that permits a court to require an employer or government agency to deduct funds from the wages of a person who owes money and transfer them directly to the creditor. In the event of a divorce garnishment can be used to pay child or spousal care.
There are situations where the benefits of a veteran can be encashable. Most often, it is the case of a veteran who renounced his retirement from the military in order to receive disability compensation. In these instances the amount of pension allocated to disability payments can be garnished to pay family support obligations.
In other situations veterans' benefits could be garnished to pay for medical expenses or past due federal student loans. In these instances the court could go directly to the VA for the information they require. It is essential for disabled veterans to retain a knowledgeable lawyer to ensure that their disability benefits aren't garnished. This can help them avoid having to rely on private loans and payday lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a huge assistance to veterans and their families. However, they come with specific complications. For instance, if a veteran gets divorced and is awarded a VA disability settlement, they should be aware of how this could affect the benefits they receive.
One of the major issues in this context is whether or not the disability benefits are considered divisible assets in divorce. This question has been resolved in two ways. One way is by an Colorado court of appeals decision that found that VA disability payments are not property and can't be divided in that way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments for alimony was a violation of USFSPA.
Another concern related to this issue is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. However, certain states have adopted an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and Veterans Disability then pluses up the disability payments to take the fact that they are tax-free.
It is also crucial that veterans know how divorce affects their disability benefits and how their ex spouses can slash their income. By being aware of these questions, veterans disability lawsuit can guard their earnings and avoid any unwanted consequences.
Website: https://upriserz.link/veteransdisability104873
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