Veterans Disability Litigation: 10 Things I'd Like To Have Learned Ear…
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How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's client, 58 years old, is permanently disabled due to his service in the military. He receives a monthly pension benefit from the Department of Veterans Affairs.
He wants to find out if a verdict from a jury will affect his VA benefits. It won't. However, it will have an impact on his other sources of income.
Can I claim compensation for an accident?
You may be eligible for a settlement if have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement will help pay you for medical expenses, lost income and other expenses that resulted from your injury or sickness. The type of settlement you are eligible for will depend on whether or not your illness or injury is service-related, what VA benefits you qualify for, and the amount you will need to treat your injury or accident.
For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He doesn't have enough work quarters to be eligible for Social Security disability benefits but there is a VA Pension benefit which provides cash and medical treatment for free that is based on financial need. He would like to understand how a personal injury lawsuit will affect his ability to get this benefit.
The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements require installments over time rather than one single payment. The amount that defendant pays is calculated to offset existing VA benefits. However, a lump sum settlement will probably impact any benefits already in place because the VA considers it income and will annualize it. In any event, if extra assets are left over after the twelve month period when the settlement has been annualized Jim may be eligible to apply again for the Pension benefit but only if his assets are lower than a threshold with which the VA agrees establishes financial need.
Do I need to hire an Attorney?
Many spouses, military personnel and former spouses have questions about VA disability benefits and their effect on financial issues during a divorce. Some people think, for instance, that the Department of Veterans Affairs compensation payments can be divided like the military retirement in divorce cases or that they're "off limits" when it comes to calculating child support and alimony. These misconceptions could lead to serious financial errors.
It is possible to submit an application for disability benefits yourself however, the majority of disabled veterans disability law firms (check out this site) would require the help of a skilled lawyer. A veteran's disability attorney can examine your medical records in order to gather the evidence needed to argue your case before the VA. The lawyer can also file any appeals that you might require to receive the benefits you deserve.
The majority of VA disability lawyers do not charge for consultations. Additionally, the lawyer will generally be paid by the government directly from your award of 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 receive must be specified in your fee agreement. For example an agreement on fees could specify that the government will pay the attorney up to 20% of the retroactive benefits or award. Any additional amounts will be your obligation.
Can I Garnish My VA Benefits?
If a disabled veteran is granted compensation from the VA, it comes in the form of monthly payments. The purpose of the payments is to offset some of the consequences of illnesses, disabilities, or injuries sustained during or aggravated during a veteran's military service. The benefits for veterans' disability are subject to garnishment, like any other income.
Garnishment lets a court order that an employer or a government agency withhold money from the wages of a person who owes the debt and pay it directly to a creditor. In the event of a divorce the garnishment could be used for child or spousal maintenance.
However, there are some situations in which a veteran's disability benefits are able to be refunded. Most common is the veteran who has renounced his retirement from the military in order to receive disability compensation. In these instances the amount of pension that is attributed to disability benefits could be garnished to meet family support obligations.
In other situations, veteran's benefit may be seized in order to pay medical bills or federal student loans that are past due. In these cases a court may be able to directly to the VA to obtain the necessary information. The disabled veteran should consult an experienced attorney to secure their disability benefits. This will prevent them from relying on payday lenders and private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be an enormous help for veterans and their families, however they're not without their own set of complications. For example, if a veteran gets divorced and is awarded a VA disability settlement, they must be aware of how this could affect the benefits they receive.
In this context the most important question is whether disability payments count as assets that can be split in a divorce. This issue has been settled in a couple of ways. A Colorado court of appeals ruling decided that VA disability payments were not property and therefore could not be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments to pay an alimony payment was a violation of USFSPA.
Another concern with this topic is the treatment of disability benefits for child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from counting disability benefits as income. Some states have an alternative approach. Colorado for instance, adds all sources of income together to determine the amount required to support a spouse. It then adds disability benefits in order to account for their tax-free status.
It is also essential that veterans disability lawsuit understand the impact divorce has on their disability benefits and how their spouses who divorced can slash their income. By being aware of these issues, veterans can ensure the security of their income and avoid unintended consequences.
Jim's client, 58 years old, is permanently disabled due to his service in the military. He receives a monthly pension benefit from the Department of Veterans Affairs.
He wants to find out if a verdict from a jury will affect his VA benefits. It won't. However, it will have an impact on his other sources of income.
Can I claim compensation for an accident?
You may be eligible for a settlement if have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement will help pay you for medical expenses, lost income and other expenses that resulted from your injury or sickness. The type of settlement you are eligible for will depend on whether or not your illness or injury is service-related, what VA benefits you qualify for, and the amount you will need to treat your injury or accident.
For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He doesn't have enough work quarters to be eligible for Social Security disability benefits but there is a VA Pension benefit which provides cash and medical treatment for free that is based on financial need. He would like to understand how a personal injury lawsuit will affect his ability to get this benefit.
The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements require installments over time rather than one single payment. The amount that defendant pays is calculated to offset existing VA benefits. However, a lump sum settlement will probably impact any benefits already in place because the VA considers it income and will annualize it. In any event, if extra assets are left over after the twelve month period when the settlement has been annualized Jim may be eligible to apply again for the Pension benefit but only if his assets are lower than a threshold with which the VA agrees establishes financial need.
Do I need to hire an Attorney?
Many spouses, military personnel and former spouses have questions about VA disability benefits and their effect on financial issues during a divorce. Some people think, for instance, that the Department of Veterans Affairs compensation payments can be divided like the military retirement in divorce cases or that they're "off limits" when it comes to calculating child support and alimony. These misconceptions could lead to serious financial errors.
It is possible to submit an application for disability benefits yourself however, the majority of disabled veterans disability law firms (check out this site) would require the help of a skilled lawyer. A veteran's disability attorney can examine your medical records in order to gather the evidence needed to argue your case before the VA. The lawyer can also file any appeals that you might require to receive the benefits you deserve.
The majority of VA disability lawyers do not charge for consultations. Additionally, the lawyer will generally be paid by the government directly from your award of 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 receive must be specified in your fee agreement. For example an agreement on fees could specify that the government will pay the attorney up to 20% of the retroactive benefits or award. Any additional amounts will be your obligation.
Can I Garnish My VA Benefits?
If a disabled veteran is granted compensation from the VA, it comes in the form of monthly payments. The purpose of the payments is to offset some of the consequences of illnesses, disabilities, or injuries sustained during or aggravated during a veteran's military service. The benefits for veterans' disability are subject to garnishment, like any other income.
Garnishment lets a court order that an employer or a government agency withhold money from the wages of a person who owes the debt and pay it directly to a creditor. In the event of a divorce the garnishment could be used for child or spousal maintenance.
However, there are some situations in which a veteran's disability benefits are able to be refunded. Most common is the veteran who has renounced his retirement from the military in order to receive disability compensation. In these instances the amount of pension that is attributed to disability benefits could be garnished to meet family support obligations.
In other situations, veteran's benefit may be seized in order to pay medical bills or federal student loans that are past due. In these cases a court may be able to directly to the VA to obtain the necessary information. The disabled veteran should consult an experienced attorney to secure their disability benefits. This will prevent them from relying on payday lenders and private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be an enormous help for veterans and their families, however they're not without their own set of complications. For example, if a veteran gets divorced and is awarded a VA disability settlement, they must be aware of how this could affect the benefits they receive.
In this context the most important question is whether disability payments count as assets that can be split in a divorce. This issue has been settled in a couple of ways. A Colorado court of appeals ruling decided that VA disability payments were not property and therefore could not be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments to pay an alimony payment was a violation of USFSPA.
Another concern with this topic is the treatment of disability benefits for child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from counting disability benefits as income. Some states have an alternative approach. Colorado for instance, adds all sources of income together to determine the amount required to support a spouse. It then adds disability benefits in order to account for their tax-free status.
It is also essential that veterans disability lawsuit understand the impact divorce has on their disability benefits and how their spouses who divorced can slash their income. By being aware of these issues, veterans can ensure the security of their income and avoid unintended consequences.
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