How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled because of his military service. He receives a monthly pension from the Department of sweetwater veterans disability attorney Affairs.

He would like to find out if a verdict from a jury will affect his VA benefits. The answer is not. But it will have some impact on the other sources of income he has.

Can I get compensation for an accident?

You may be eligible for a settlement if you were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement could help you receive compensation for your medical expenses, lost wages, and other expenses related to your illness or injury. The kind of settlement you'll be able to receive depends on whether your condition is service-connected or not connected, which VA benefits you qualify for, and what your accident or injury will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. Jim does not have enough work space to be eligible for Social Security Disability benefits, however, he is able to claim the VA Pension, which provides cash and medical care for free based on his financial need. He would like to be aware of how a personal injury settlement will affect his eligibility to benefit from this benefit.

The answer will depend on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are based on the payment of over time rather than one single payment. The amount that defendant pays is calculated to offset the existing VA benefits. In contrast, a lump sum payment will likely impact any benefits already in place because the VA considers it a tax-deductible income and will annually increase it. If Jim has surplus assets after the settlement has been annualized and he wants to reapply, he will be eligible for the pension benefit. However his assets must be below a threshold the VA has agreed establishes financial necessity.

Do I need to employ an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on money issues in divorce cases. In addition, some people believe that the Department of Veterans Affairs' compensation payments are able to be divided like a pension from a military service in divorce or are "off limits" in calculation of child support and alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

While it is possible to submit an initial claim for disability benefits on your own, many disabled veterans get the assistance of a professional lawyer. A veteran's disability attorney will look over your medical records and gather the evidence needed to argue your case in front of the VA. The lawyer can also file any appeals you may require to receive the benefits you are entitled to.

Moreover, most VA disability lawyers charge no fees for consultations. The government also pays the lawyer directly from your amount of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will receive should be clearly stated in your fee agreement. A fee agreement could state for instance that the government will provide the attorney with 20% of retroactive benefits. You will be responsible for any additional amounts.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The purpose of the payments is to offset some of the effects of diseases, disabilities or injuries incurred during or aggravated due to a veteran's military service. Like other income sources, Ashland veterans disability Lawyer disability benefits are subject to garnishment.

Garnishment can be a legal proceeding that permits a court to order an employer or government agency to withhold funds from the wages of a person who owes money and transfer them directly to an individual creditor. In the case of a divorce, richton Park Veterans disability attorney garnishment can be used to pay spousal or child support or child support.

There are a few situations in which the benefits of a veteran can be repaid. The most common scenario is a veteran who waived their military retirement in order to claim disability compensation. In these cases the pension portion that is allocated to disability benefits can be garnished in order to fulfill the family support obligations.

In other situations, veteran's benefit may be seized in order to pay for medical expenses or federal student loans that are over due. In these instances, a court can go directly to the VA for the information they need. It is important for a disabled veteran to retain a knowledgeable lawyer to ensure that their disability benefits aren't taken away. This will prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent help to veterans as well as their families. However they also come with their own set of complications. If a veteran divorces and receives a VA settlement, he or she should be aware of what this might do to the benefits they receive.

In this case one of the major issues is whether or not disability payments are considered assets which can be divided in a divorce. The question has been answered in two ways. One option is the Colorado court of appeals decision, which found that VA disability payments are not property and cannot be divided as such. Another method is a U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability benefits to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern relating to this issue is the treatment of disability benefits for child maintenance and support. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. Certain states use different methods. For instance, Colorado adds up all sources of income to determine the amount in support a spouse will need and then adds the disability payments to take the fact that they are tax-free.

Finally, it is important that veterans understand how their disability compensation will be affected if they get divorced and how their spouses who divorced them can affect their compensation. By being informed about these issues, veterans can protect their compensation as well as avoid unintended consequences.