How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled as a result of his military service. He receives a monthly pension from the Department of la quinta veterans disability attorney Affairs.

He would like to know how an award from a jury will affect his VA benefits. It won't. It will, however, have an impact on his other sources of income.

Can I get compensation in the event of an accident?

If you've served in the military but are now permanently disabled as a result of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can help compensate you for medical bills, lost income, and other expenses that resulted from your illness or injury. The kind of settlement you can 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.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He doesn't have enough space for work to qualify for Social Security Disability benefits, however, he does have the VA Pension, which provides free medical care and cash based on his financial need. He would like to determine if a personal accident settlement could affect his ability to receive this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements are those that are made over a period of time rather than a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. A lump sum settlement can impact any existing VA benefits as the VA will annualize and consider it income. In the event that there are any excess assets are left over after the twelve month period when the settlement has been annualized Jim could be eligible for a new Pension benefit but only if his assets are less than a minimum threshold that the VA is able to agree establishes financial need.

Do I require an Attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its effect on the financial aspects of a divorce case. There are many other reasons, but some people think that the Department of Veterans Affairs' compensation payments are able to be divided like a military pension divorce or are "off limits" in the calculation of child support and Alimony. These misconceptions could lead to financial mistakes that have serious repercussions.

It is possible to submit an application for disability benefits by yourself however, the majority of disabled veterans will require the help of a qualified lawyer. An experienced veteran's disability lawyer will examine your medical documents and gather the required evidence to present a strong argument to the VA. The lawyer will also be able to file any appeals you may require to obtain the benefits you're entitled.

Most VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from the payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will be paid should be clearly outlined in your fee agreement. A fee agreement could state, for example, shaker heights veterans disability lawsuit that the government will provide the attorney with 20% of retroactive benefits. You will be responsible for any additional amount.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA the compensation is paid in the form of monthly payments. These payments are designed to offset some of the consequences of illnesses, disabilities or injuries sustained or aggravated during a veteran's military service. As with all income, veterans disability benefits are subject to garnishment.

Garnishment can be a legal proceeding that allows a court to require an employer or government agency to omit funds from the paycheck of a person who owes money and northglenn Veterans disability lawsuit send them directly to a creditor. In the event of divorce, garnishment could be used to pay spousal support or child support.

However, there are some situations where disability benefits are able to be refunded. The most common scenario is those who have renounced their military retirement to get disability compensation. In these instances the amount of pension that is devoted to disability benefits can be garnished to fulfill the family support obligations.

In other situations the benefits of a veteran can be garnished to pay for medical expenses or past-due federal student loans. In these cases the court could go directly to the VA to obtain the information they need. A disabled veteran should employ an experienced attorney to secure their disability benefits. This will prevent them from having to depend on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big assistance to wolverine lake veterans disability lawyer and their families, however they do come with their own set-of complications. For instance the case where a veteran is divorced and receives an VA disability settlement, they must be aware of what effect this will have on the benefits they receive.

In this regard, the main question is whether disability payments are considered assets that can be divided during a divorce. This issue has been addressed in a couple of ways. A Colorado court of appeals ruling declared that VA disability payments were not property and could not be divided this manner. Another method is a U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability benefits to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this subject 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. However, some states have taken different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then pluses up the disability payments to take account that they are tax-free.

It is also vital that veterans are aware of how divorce can affect their disability benefits and how their spouses who divorced can garnish their compensation. By being knowledgeable about these issues, Bellevue veterans disability lawsuit can ensure the security of their income and avoid unwanted consequences.