What You Need to Know About
veterans disability law firm Disability Settlement
The VA program provides compensation for disability based on loss of earning capacity. This system differs from workers' compensation programs.
Jim received a lump-sum settlement of $100,000. The VA will annually adjust the lump sum for one year. This will decrease his Pension benefit. He can only reapply after the annualized amount has been returned to him.
Compensation
veterans disability law firms and their families may be entitled to compensation from the government for injuries suffered during their military service. These benefits can be the form of a disability or pension. There are some important aspects to consider when you are considering a personal injury lawsuit or settlement for disabled
veterans disability lawsuits.
If a veteran suffering from an impairment receives an award or settlement against the person who is at fault for their injuries and has an VA disability claim, then the amount of the settlement or award may be taken from the VA payments. But, there are some restrictions on this type of garnishment. First the court must have filed a petition seeking apportionment of disability pay. Only a small portion that is usually between 20% and 50% of the monthly salary could be garnished.
Another thing to keep in mind is that the compensation is dependent on a percentage of the disability of a veteran and not based on actual earnings earned from a job. The higher the disability score, the more compensation they will receive. Surviving spouses and children of disabled veterans who die of service connected illness or injuries are eligible for a particular benefit known as Dependency Insurance Compensation (DIC).
There are a myriad of misconceptions regarding the impact of veterans' pension benefits, disability payments and other compensations provided by the Department of Veterans Affairs on finances during divorce. These misconceptions can make divorces even more difficult for both veterans and their families.
Pensions
Veterans Disability Pension (VDP) is an income tax-free monetary benefit that is paid to veterans with disabilities that were caused or worsened through their service in the military. It is also available to the surviving spouses and dependent children. The pension rate is determined by Congress and is based on amount of disability, the extent of disability, and whether there are any dependents. The VA has specific regulations regarding the way assets are calculated to determine eligibility for the pension benefit. Generally speaking, the veteran's residence, personal affects and a vehicle are disregarded, while the remaining assets of the veteran that are not exempt must be less than $80,000 in order to demonstrate financial need.
It is widely believed that the courts are able to garnish VA disability benefits to meet court-ordered child support or spousal maintenance obligations. It is vital to understand that this is not the case.
The courts are only able to take away the pensions of veterans if they have waived their military retirement pay to obtain compensation for disability. The law that governs this is 38 U.S.C SS5301(a).
It is important to know that this doesn't apply to CRSC or TDSC pay, as these programs are specifically designed to provide higher levels of income to disabled veterans. It is also important to keep in mind that any personal injury settlement for veterans may reduce their eligibility for aid and attendance.
SSI
Veterans with an irreparable disability and who have no income might be eligible for Supplemental Security Intake (SSI). This program is based on need. A person must have a low income and assets to be eligible for SSI. Some people may also be eligible for the VA monthly pension. The amount is determined by duration of service, the wartime period and disability rating.
Most veterans aren't eligible for both Pension and Compensation benefits at the same time. If a person is eligible for a disability payment and pension benefits from the VA however, it won't provide a Supplemental Security income benefit.
The VA must submit to the Social Security Administration your monthly military retirement, CRDP, or CRSC. This will almost always increase your SSI benefit. SSA can also use the VA waiver of benefits in order to calculate your SSI income.
If a judge orders an individual veteran to pay court-ordered support, the court can go directly to the VA and request that the military retirement slashed to pay for this reason. This can occur in divorce cases if the retired person waives his military retired pay for VA disability payments. The U.S. Supreme Court ruled in the recent case Howell that such a practice violated federal laws.
Medicaid
A veteran suffering from a service-connected disability may qualify for Medicare and Medicaid benefits. He must show that he's in the look-back period, which is five years. Also, he must present documents that confirm his citizenship. He is not able to transfer his assets without a fair value but can keep one vehicle and his primary residence. He can keep up to $1500 in cash or the face value of a life insurance policy.
In the event of divorce the judge can decide to include the veteran's VA Disability payments as income when the calculation of child support and maintenance after the divorce. This is due to numerous court decisions that have upheld the right of family courts to consider these payments as income in support calculations. These include decisions from Florida, Mississippi (Steiner v. Steiner), Wisconsin (In re Wojcik's marriage), and other states.
The amount of VA disability benefits is contingent on the severity of the service-connected illness. It is calculated based on an index which ranks the severity of the condition. It can vary between 10 percent to 100 percent. Higher ratings will result in more money. Veterans could also be eligible to receive additional compensation to cover the cost of aid and attendance expenses, or a specialized monthly payment, which is based not on a schedule or a timetable, but rather on the severity of their disability.