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The court allowed my attorney to keep my VA disability benefits check. Is that legal? Can I file an appeal? What's the SOL?

College Station, TX |

My attorney kept my VA disability benefits check. She told the judge I was getting a check for 'compensation' and requested the courts permission to 'hold' that for payment. The judge allowed it. My three questions are:
1) Was it legal for the court to allow my attorney to hold my VA disability check?
2) If not - can I appeal the courts decision or do I need to try to file against that attorney?
3) Is there a statute of limitations on filing the appeal or charges of unethical behavior?

Attorney Answers 1

Posted

The court can allow by ruling that you have to pay your attorney fees through funds you have.

What error of law or fact led to the ruling, do you claim? That kind of analysis is needed to konw if you may appeal within 30 days IF the ruling was indeed a final order.

What was unethical by the judge? The judge rules on matters that are presented.

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Asker

Posted

Thank you for responding so quickly. I've been trying to research whether or not it was legal for my attorney to request and the judge to allow VA benefits. I found the following: "12. Q. Is VA disability considered to be a ‘cash cow’ in the legal profession? In other words, your ex-spouse and her attorney are both getting a piece of your veteran’s benefits, and the judge lets it happen. A. Not by a long shot! As was pointed out above, neither the former spouse nor the attorney can obtain a portion of VA benefits since they are exempt from distribution as marital or community property upon divorce. While VA benefits can be counted as income for support purposes, they cannot be garnished unless they are paid to a military retiree who has waived part of the pension to get these payments from the VA." Now trying to determine if the court erroniously Whether the judge “lets it happen” depends on how the case is handled. If the judge has ruled as set out above, then he or she has acted properly and in accordance with federal and (probably) state law. If the judge has let an erroneous ruling “happen,” then the wronged party has the right to appeal that decision or ask the court for reconsideration of the ruling. That’s no different from any other case or party – that’s what happens in court, and those are the rights of the parties who claim that the judge committed a reversible error in the hearing or trial. Judges sometimes make mistakes or issue incorrect rulings. When that happens, if the wronged party wants to “correct the judge,” then he or she will have to take an appeal from the ruling.

Asker

Posted

Read this! http://www.veteranstoday.com/2011/12/05/veteran%E2%80%99s-disability-benefits-under-attack-again/

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