How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled due to his time in the military. He receives a monthly pension from the Department of frostburg veterans disability law firm (https://vimeo.com/) Affairs.

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

Can I get compensation in the event of an accident?

You may be eligible to receive a settlement if you were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement can help compensate you for medical expenses, lost income and other costs that resulted from your illness or injury. The type of settlement that you could receive will depend on whether or not your illness or injury is a result of a service connection, the VA benefits you qualify for, and the cost to treat your accident or injury.

Jim, a 58 year old Vietnam veteran was diagnosed with permanent disabilities due to his two years of service. He does not have enough work space to be eligible for Social Security disability benefits but He does have a VA Pension benefit, which offers medical care and cash based on financial need. He would like to understand what the implications of a personal injury settlement could affect his eligibility to benefit from this benefit.

The answer will depend on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are based on payments over time instead of a single payment. The amount paid by the defendant is calculated to offset the existing VA benefits. A lump sum payout will likely affect existing benefits since the VA considers it as income and will increase it. In the event that there are any excess assets remain after the twelve month period when the settlement has been annualized Jim could reapply for the Pension benefit, but only if his assets are lower than a threshold with which the VA determines to be a financial need.

Do I really need to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on money issues in divorce cases. Some people believe, among other things that the Department of Veterans Affairs compensation payments can be divided like the military retirement in divorce cases or that they're "off limits" when calculating child support and Alimony. These misconceptions can lead to grave financial errors.

It is possible to submit an application for disability benefits by yourself however, the majority of disabled veterans will benefit from the assistance from a competent lawyer. An experienced veteran's disability lawyer can review your medical records and gather the necessary evidence needed to build a strong case at the VA. The lawyer can also file any appeals you might need to receive the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. In addition the lawyer will typically be paid by the government directly out of your award of retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will receive should be clearly stated in your fee agreement. A fee agreement may stipulate for instance that the government will pay the attorney up 20% of retroactive benefits. Any additional amounts are your to pay.

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 meant to offset some of the consequences of illnesses, disabilities or injuries sustained or aggravated by a veteran's military service. The benefits for veterans with disabilities are subject to garnishment as is any other income.

Garnishment is a legal process that allows a court to decide that an employer or a government agency to deduct funds from the pay of an employee who owes money and send them directly to a creditor. In the event of divorce, garnishment could be used to pay for spousal support or child support.

There are certain situations where veterans' benefits could be garnished. The most common scenario is that of a veteran who waived his retirement from the military in order to receive disability compensation. In these instances the amount of pension allocated to disability payments can be garnished to pay family support obligations.

In other instances the benefits of a veteran can be garnished to pay for medical expenses or past-due federal student loans. In these instances a judge can refer a case directly to the VA to obtain the information they need. The disabled veteran should consult an experienced attorney to protect their disability benefits. This can help them avoid having to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent help to north manchester veterans disability law firm as well as their families. However they do come with their own set complications. For example in the event that a veteran gets divorced and is awarded an VA disability settlement, they need to know how this could affect their benefits.

In this regard, http://xilubbs.xclub.tw/ the main question is whether or not disability payments are considered to be assets that could be divided during a divorce. This question has been answered in two ways. A Colorado court of appeals ruling determined that VA disability payments were not property and therefore could not be divided in this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability payments to pay Alimony was against the USFSPA.

Another concern that is related to this issue is how disability benefits are treated in the context of child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from counting disability benefits as income. However, certain states have adopted different approaches. Colorado, for example, takes all income sources together to determine the amount required to support a spouse. It then adds on disability payments to reflect their tax-free status.

It is also important that veterans are aware of how divorce affects their disability benefits and how ex-spouses can slash their income. By being informed about these issues, veterans can safeguard their benefits and avoid the unintended consequences.