How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled due to his time in the military. He receives a monthly pension benefit from the Department of asbury park veterans disability lawyer Affairs.

He would like to be aware of whether a verdict by a jury will affect his VA benefits. It won't. However, it will affect his other sources of income.

Can I Receive Compensation for an accident?

If you have served in the military but are now permanently disabled as a result of injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement will allow you to receive compensation for your medical bills, lost wages, and other costs resulting from your illness or injury. The type of settlement that you are eligible for will depend on whether or not your injury or illness is service-related, what VA benefits you are eligible for, and the cost to treat your accident or injury.

Jim who is a 58-year veteran of the Vietnam war was diagnosed with permanent disabilities because of his two years of service. He does not have enough work space to be eligible for Social Security Disability benefits, however, he does have a VA Pension that provides cash and medical care for free depending on the financial needs of his. He wants to understand how a personal injury lawsuit could affect his eligibility to be eligible for this benefit.

The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements involve installments over time, rather than one lump sum payment. The amount that defendant pays is calculated to offset the existing VA benefits. However, a lump sum payment will likely affect existing benefits since the VA considers it income and will annualize it. In either case, if excess assets are left after the 12 month period when the settlement is annualized, Jim could apply again for the Pension benefit but only if his assets are less than a minimum threshold that the VA agrees establishes financial need.

Do I need to employ an attorney?

Many spouses, service members and former spouses have concerns about VA disability benefits and their impact on money issues during divorce. Some people believe, for instance, that the Department of Veterans Affairs compensation payments are split like the military retirement in divorce cases, or that they're "off limits" in calculating child support and Alimony. These misconceptions can result in financial mistakes that have serious repercussions.

While it is possible to file an initial claim for disability benefits on your own, many disabled Tustin Veterans Disability Lawsuit can benefit from the assistance of a skilled attorney. A veteran's disability lawyer can look over your medical records and gather the evidence needed to argue your case before the VA. The lawyer can also file any appeals you may need in order to get the benefits you are entitled to.

Additionally, the majority of VA disability lawyers don't charge fees for consultations. The government will also pay the lawyer directly from the award of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will receive must be specified in your fee agreement. A fee agreement may stipulate for instance that the government will give the attorney up to 20 percent of retroactive benefits. Any additional amount is your obligation.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The purpose of the payments is to compensate for the effects of injuries, illnesses or disabilities that were suffered or aggravated during a veteran's service. The benefits for veterans' disability are subject to garnishment just like other incomes.

Garnishment lets a court order that an employer or government agency stop funds from the paycheck of a person who has a debt and send it directly to the creditor. In the event of divorce, garnishment can be used to pay child or spousal care.

There are situations where the benefits of a veteran can be repaid. The most common scenario involves the veteran who has waived their military retirement in order to claim disability compensation. In these scenarios the amount of pension that is allocated to disability compensation can be garnished to meet family support obligations.

In other instances, a veteran's benefits can be seized to pay medical expenses or past due federal student loans. In these instances the court might be able to go straight to the VA to obtain the necessary information. It is important for disabled veterans to retain a knowledgeable attorney to ensure that their disability benefits are not being snatched away. This can stop them from relying 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 do come with certain complications. For instance when a veteran is divorced and receives a VA disability settlement, they need to know how this could affect the benefits they receive.

A major issue in this context is whether or not the disability payments count as divisible assets in a divorce. This question has been resolved in two ways. One way is by a Colorado court of appeals decision, which found that VA disability payments are not property and cannot be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability payments for the purpose of alimony was in violation of USFSPA.

Another issue that is related to this topic is the treatment of disability benefits to children for support and maintenance. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. However, certain states have taken the opposite approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds up the disability payments to take into the fact that they are tax-free.

It is also important that veterans understand how divorce affects their disability benefits and how their spouses who divorced could slash their benefits. If they are aware of these issues, veterans can safeguard their income and avoid unwanted consequences.