How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled from his military service. He gets a monthly pension from the Department of Veterans Affairs.

He wants to know if an award from a jury will affect his VA benefits. The answer is not. But it will have an impact on his other sources of income.

Can I Get Compensation for an accident?

If you have served in the military but are now permanently disabled because of injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement can allow you to receive compensation for your medical expenses, lost wages, and other expenses resulting from your illness or injury. The type of settlement you'll be able to get depends on whether or not your condition is service-connected or not connected, which VA benefits you are eligible for, as well as the amount your accident or injury will cost to treat.

Jim is a 58 year veteran of Vietnam, was diagnosed as having permanent disabilities as a result of his two years of service. He doesn't have enough space for work to be eligible for Social Security Disability benefits, however, he can claim the VA Pension, which provides cash and medical care for free dependent on the amount of money he needs. He wants to be aware of how a personal injury settlement can affect his ability to benefit from this benefit.

The answer is dependent on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are based on installments over time instead of one payment. The amount paid by the defendant is calculated to offset the existing VA benefits. In contrast, a lump sum settlement will probably affect any existing benefits because the VA considers it a tax-deductible income and will annually increase it. If Jim has assets that are not used up after the settlement is annualized and he wants to reapply, he will be eligible for the pension benefit. However the assets must be less than a certain threshold that the VA has determined to be a financial necessity.

Do I need to hire an attorney?

Many spouses, members of the military, and former spouses have concerns about VA disability benefits and their impact on financial issues during divorce. Some people believe, among other things that the Department of Veterans Affairs compensation payments can be split as military retirements in a divorce case or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions could lead to serious financial errors.

While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans require the help of a qualified lawyer. A veteran's disability attorney can review your medical records to gather the necessary evidence to prove your case in front of the VA. The lawyer can also file any appeals that you may need in order to get the benefits you are entitled to.

The majority of VA disability lawyers don't charge for consultations. Additionally the lawyer will typically be paid by the government directly from your retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The fee agreement should clearly define the amount of retroactive benefits to be paid to your lawyer. For example your fee agreement may state that the government will pay the lawyer up to 20% of retroactive benefits or provide. The attorney is responsible for any additional amount.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA it is in the form of monthly payments. The payments are intended to help offset the impact of injuries, diseases or disabilities that were suffered or worsened during the veteran's service. Like all income, the veterans disability benefits could be subject to garnishment.

Garnishment is a legal process that permits a court to make an order to an employer or government agency to omit funds from the wages of a person who owes money, and Hollywood veterans disability lawsuit then send them directly to a creditor. In the event of a divorce, garnishment could be used to pay spousal maintenance or child support.

There are situations where the benefits of a veteran can be garnished. The most common situation involves the veteran who has waived their military retirement to receive disability compensation. In these situations the portion of the pension apportioned to disability pay can be garnished for family support obligations.

In other situations, a veteran's benefits can be seized to pay medical expenses or past-due federal student loans. In these situations a judge can refer a case directly to the VA to obtain the information they require. The disabled veteran should consult an experienced attorney to secure their disability benefits. This will prevent them from having to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to Hollywood veterans disability Lawsuit and their families. However they have their own set complications. If a veteran divorces and receives a VA settlement then they must be aware of the implications to their benefits.

A major issue in this regard is whether or not the disability payments are considered divisible assets in divorce. The issue has been resolved in a variety of ways. One option is an Colorado court of appeals ruling that concluded that VA disability payments are not property and cannot be divided as such. Another method is the U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability benefits to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue related to this issue is how disability benefits are treated to determine child maintenance and support. Both the USFSPA, and the Supreme Court, prohibit states from counting disability benefits as income. Certain states employ an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then pluses up the disability benefits to take into account that they are tax free.

It is also vital to know the impact divorce has on their disability compensation and how their spouses who divorced could take advantage of their compensation. By being aware of these issues, northampton veterans disability lawsuit can ensure their compensation and avoid unintended consequences.