What You Need to Know About
veterans disability law firms Disability Settlement
The VA program compensates disabled people based upon loss of earning capacity. This system differs from workers' compensation programs.
Jim received a lump sum settlement of $100,000. The VA will annually increase the lump sum over a period of one year. This will decrease his Pension benefit. He is only eligible to apply again after the annualized amount has been paid to him.
Compensation
Veterans and their families may be entitled to compensation by the government in case of injuries sustained while serving in the military. These benefits could be in the form of a disability or pension payment. When considering a personal-injury lawsuit or settlement on behalf of a disabled veteran there are a few important points to be aware of.
If a veteran who has disability is awarded a settlement or a jury award against the party at fault for their injuries and also has a VA disability claim, then the amount of that settlement or award can be garnished off the VA payments. However, there are some limitations to this type of garnishment. First the court must have filed a petition for apportionment of the disability compensation. In the end,
Veterans Disability Law Firms only a portion of the monthly compensation is able to be garnished, typically between 20 and 50 percent.
Another thing to consider is that the compensation is determined by a percentage of the disabled veteran's condition and not on the actual earnings from the job. This means that the higher a veteran's disability score, the more they will be compensated. Family members of survivors of disabled veterans who have died of service connected illness or injuries are eligible for a particular benefit known as Dependency Indemnity Compensation (DIC).
There are a myriad of misconceptions regarding the impact that veterans' retirement benefits as well as disability payments and other compensation from the Department of Veterans Affairs have on divorce issues involving money. These misconceptions can make a difficult divorce even more difficult for veterans and their families.
Pension
Veterans Disability Pension (VDP) is an untaxed monetary benefit given to
Veterans Disability Law Firms who have disabilities that were caused or worsened during their military service. The benefit is also available to spouses who have survived and children with dependents. The pension rate is determined by Congress and is based on the amount of disability, the degree of disability, and whether there are dependents. The VA has specific regulations on how assets are calculated to determine eligibility for the Pension benefit. In general, the veteran's home or personal effects as well as a vehicle are disregarded, while the veteran's remaining non-exempt assets must not exceed $80,000 to demonstrate financial need.
A common misconception is that the courts could garnish VA disability payments in order to accomplish court-ordered child or spousal support obligations. It is vital to recognize that this isn't the situation.
The courts can only garnish the pension of a veteran if they have waived their military retired pay in order to get compensation for disability. 38 U.S.C. (a) SS5301 (a) is the law that governs this.
It is important to remember that this is not applicable to CRSC or TDSC pay, as these programs are specifically designed to provide a higher amount of income to disabled veterans. It is also important to know that a veteran's personal injury settlement might affect their eligibility for Aid and Attendance.
SSI
If a veteran is not earning earned income and suffers from an ongoing disability, they may qualify for Supplemental Security Income (SSI). This program is based upon need. One must have a low income and assets to be eligible for SSI. Certain people can also receive pension benefits that are paid monthly by the VA. The amount is determined based on the duration of service, wartime duration and disability rating.
Most
veterans disability law firm aren't eligible for both pension and compensation benefits simultaneously. If a person is a recipient of an income pension and receives disability payments from the VA then the VA will not pay the Supplemental Security Income benefit to that person.
The VA must report to the Social Security Administration your monthly military retirement, CRDP, or CRSC. This will almost always increase your SSI benefit. SSA can also make use of the VA waiver of benefits in order to determine your SSI income.
If a veteran is required to pay support by an order of a court the court can go directly to VA to garnish the retirement benefits of the military. This can happen in divorce cases where the retiree has to give up their military retirement pay in exchange for their VA disability payments. The U.S. Supreme Court recently decided in the case of Howell that this practice violated federal law.
Medicaid
Veterans with disabilities that are related to their service might be eligible for Medicare and Medicaid. He must prove that he meets the look-back period of five years. Also, he must present documents to confirm his citizenship. He cannot transfer his assets without a fair market value, but can keep one vehicle and his primary residence. He can keep up $1500 in cash or the face value of a life insurance policy.
In divorce proceedings, the judge may decide that the veteran's VA disability payments can be considered income for purposes of formulating post-divorce child care and maintenance. This is due to the numerous court decisions that have upheld the rights of family courts to use these payments as income in support calculations. These include rulings from Florida (Allen v. Allen), Mississippi (Steiner v. Steiner), and Wisconsin (In Re the marriage of Wojcik).
The VA disability payment is based on the severity of the condition. It is based upon a formula that assesses the severity of the condition. It can be between 10 percent to 100 percent. Higher ratings will result in more money. Veterans could be eligible for additional compensation to cover the cost of aid and attendance costs or a special monthly payment that is based not on a calendar however, but on the severity of their disability.