How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled from his time in the military. He is able to receive a monthly pension from the Department of Veterans Affairs.

He wants to know how the jury's verdict will affect his VA benefits. It will not. However, it will have an impact on his other sources of income.

Do I have the right to receive compensation for an accident?

You may be eligible for a settlement if you have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement can help compensate you for medical bills, lost income and other expenses resulting from your illness or injury. The kind of settlement you could receive will depend on whether your illness or injury is a result of a service connection, the VA benefits you are eligible for, and the cost to treat your injury or accident.

Jim is a 58 year veteran of the Vietnam war was diagnosed with permanent disabilities due to his two years of service. He does not have enough work space to qualify for Social Security Disability benefits, however, he can claim a VA Pension that provides cash and medical treatment for free based on his financial need. He would like to know what the implications of a personal injury settlement will affect his ability to be eligible for this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements consist of payments over time instead of one payment. The amount paid by the defendant is calculated to offset existing VA benefits. A lump sum settlement will probably impact any benefits already in place 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 then he is eligible to receive the Pension benefit. However his assets must be below a threshold the VA has agreed establishes financial necessity.

Do I have to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of 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 may lead to grave financial errors.

It is possible to file an application for disability benefits on your own however, the majority of disabled veterans will require the help of a qualified lawyer. A veteran's disability lawyer who is experienced can review your medical records and gather all the necessary evidence needed to build a strong case to the VA. The lawyer will also be able to make any appeals you require to obtain the benefits you're entitled.

Most VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from your benefit of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will be paid should be outlined in your fee agreement. A fee agreement may stipulate that, for instance, the government would provide the attorney with 20% of retroactive benefits. Any additional amounts are your obligation.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled minneapolis veterans disability lawsuit. These payments are designed to compensate for some of the effects of diseases, disabilities, or injuries sustained during or aggravated due to a veteran's military service. As with all income, veterans disability benefits are subject to garnishment.

Garnishment is a legal procedure that allows a judge to require an employer or government agency to deduct funds from the paycheck of a person who owes money and send them directly to a creditor. In the event of divorce, the garnishment could be used for child or spousal support.

There are a few situations where disability benefits are able to be garnished. Most often, it is the case of a veteran who waived his retirement from the military in order to receive disability compensation. In these instances the pension portion that is allocated to disability payments can be garnished to cover the obligations of family support.

In other circumstances the benefits of a veteran can be garnished to pay for medical expenses or eagle veterans disability lawsuit past-due federal student loans. In these cases a judge can refer a case directly to the VA for the information they need. It is crucial for a disabled veteran to retain a knowledgeable attorney to ensure that their disability benefits are not removed. This can stop them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to crystal city veterans disability lawsuit as well as their families. However they do come with their own set complications. If a veteran divorces and receives a VA settlement and is eligible, they should know what this will do to their benefits.

A major issue in this regard is whether or not disability payments are considered to be divisible assets in divorce. This question has been resolved in a variety of ways. A Colorado court of appeals ruling found that VA disability payments were not property and therefore could not be divided this way. Another way is through a U.S. Supreme Court ruling in Howell that ruled that garnishing a veteran's VA disability payments to pay alimony is a 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 claiming disability benefits as income. However, some states have adopted a different approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then pluses up the disability payments to take the fact that they are tax-free.

In the end, it is crucial for eagle veterans disability lawsuit - https://vimeo.com/709528030 - to know how their disability benefits will be affected when they get divorced and how their ex-spouses may take advantage of their benefits. By being aware of these issues, veterans can safeguard their benefits as well as avoid the unintended consequences.