Write About Everything

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 is different from workers’ compensation plans.

Jim received a lump-sum settlement of $100,000. The VA will increase each year the lump sum over a period of one year. This will reduce his Pension benefit. He is only able to apply after the annualized amount has been paid to him.

Compensation

Veterans and their families may be entitled to compensation from the government for injuries sustained during military service. These benefits may be in the form of a pension or disability payment. There are some important aspects to consider when considering a personal injury lawsuit or settlement for a disabled veteran.

If a veteran with disabilities receives a settlement or a jury award against the party at fault for their injuries and has a VA disability claim and the amount of that settlement or award can be taken out of their VA payments. This type of garnishment is subject to some restrictions. First the court must have filed a petition seeking apportionment of the disability compensation. Then, only a portion of the monthly income is able to be garnished, typically between 20-50 percent.

Another thing to note is that the compensation is calculated based on a percentage the disability of a veteran and not based on actual earnings earned from working. The higher a veteran’s disability rating the more money they’ll get. The children and spouses of disabled veterans who have died due to service-related illness or injuries are eligible for a particular benefit known as Dependency Indemnity Compensation (DIC).

There are many misconceptions about the impact that veterans’ retirement benefits as well as disability payments and other compensation from the Department of Veterans Affairs have on divorce money issues. These misconceptions can make divorces more difficult for veterans Disability law firms and their families.

Pensions

Veterans Disability Pension (VDP) is an income tax-free monetary benefit that is paid to veterans who have disabilities that were caused or aggravated during their military service. It is also available to surviving spouses and dependent children. Congress sets the pension rate according to disability level, degree of disability and dependents. The VA has regulations that outline the method of calculating assets in order to determine eligibility for Pension benefits. Generally, the veteran’s home personal effects, personal belongings and a vehicle are not considered, and the remaining assets of the veteran that are not exempt must be less than $80,000 to demonstrate financial need.

It is a common misconception that courts are able to garnish VA disability benefits to meet court-ordered child support or obligations to maintain spousal support. It is vital to recognize that this is not the case.

The courts can only garnish the pension of a veteran when they have waived their military retirement pay to receive compensation for disability. The law that governs this is 38 U.S.C SS5301(a).

It is important to know that this is not applicable to CRSC or TDSC pay, since these programs are specifically designed to provide a higher percentage of income to disabled veterans. It is also important to remember that any personal injury settlement for veterans may reduce their eligibility for aid and attendance.

SSI

Veterans who have an ongoing disability and have no income might be eligible for Supplemental Security Intake (SSI). This program is based on need. SSI is only available to people with a low income and assets. Some people might also be eligible for the VA monthly pension. The amount will depend on the length of their service and wartime period as well as disability rating.

The majority of veterans aren’t qualified to receive both a Pension and Compensation benefit at the same time. If a person is eligible for the disability payment as well as a pension from the VA, it will not pay them a Supplemental Security income benefit.

The VA must submit to the Social Security Administration your monthly military retirement, CRDP, or CRSC. This will nearly always increase your SSI benefit. SSA can also take advantage of the VA waiver of benefits in order to determine your SSI income.

If a veteran is ordered to pay support by a court order the court may send the order directly to VA to garnish the military retirement. This is a possibility in divorce cases when the retiree has to give up his military retired pay for VA disability payments. The U.S. Supreme Court recently ruled in the case of Howell that this practice was in violation of federal law.

Medicaid

A veteran with a disability resulting from service can qualify for Medicare and Medicaid benefits. He must prove that he’s in the look-back period of five years. Additionally, he has to present documents that confirm his citizenship. He cannot transfer assets without the fair market value, however, he is able to keep his primary residence and one vehicle. He can keep up to $1500 in cash or the face value of a life insurance policy.

In divorce, the judge may decide that the veteran’s VA disability benefits can be considered to be income for purposes of calculating post-divorce child support and maintenance. The reason is that numerous court decisions have confirmed the right of family courts in using these payments to calculate support. These include rulings from Florida, Mississippi (Steiner v. Steiner), Wisconsin (In re Wojcik’s marriage), and other states.

The VA disability compensation is determined by the severity of the condition. It is calculated based on an index that evaluates the severity of the condition. It can vary between 10 percent and 100 percent. More favorable ratings will earn more money. It is also possible for a veteran to receive additional compensation for attendance and aid expenses, or special monthly payments that are not based on a specific schedule but on the degree of the disability.