How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled as a result of his military service. He receives a monthly Pension benefit from the Department of dormont veterans disability lawyer Affairs.

He wants to know if the verdict of a jury will affect his VA benefits. It won't. However, it could have an impact on the other sources of income he has.

Can I receive compensation for an accident?

If you've been in the military and are now permanently disabled due to injuries or illnesses, you could be eligible for a veteran disability settlement. 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'll be able to get depends on whether or not your medical condition is service-connected, or not connected, which VA benefits you qualify for, and how much your injury or accident will cost to treat.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He does not have enough work space to qualify for Social Security Disability benefits, however, he is able to claim the VA Pension, which provides free medical care and cash dependent on the amount of money he needs. He would like to understand how a personal injury settlement can affect his ability to get this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements are those that are made over a time frame rather than in a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment can impact any existing VA benefits since the VA will annualize and consider it to be income. In the event that there are any excess assets are left over after the 12 month period when the settlement is 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 impact on the financial aspects of a divorce case. There are many other reasons, but some people believe that the Department of Veterans Affairs' compensation payments can be divided like a military pension in divorce or are "off limits" in calculation of child support and alimony. These misconceptions can lead to financial errors that have serious repercussions.

While it is possible to make an initial claim for disability benefits on your own, many disabled wood ridge veterans disability attorney benefit from the assistance of a professional attorney. A veteran's disability lawyer can look over your medical records and collect the evidence necessary to argue your case before the VA. The lawyer can also file any appeals you might require to receive the benefits you deserve.

Additionally, the majority of VA disability lawyers charge no fees 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. Your fee agreement should clearly specify the amount of retroactive benefits that will be paid to your lawyer. For instance an agreement on fees could state that the government will pay the lawyer up to 20% of retroactive benefits or award. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled glendale veterans disability lawsuit. The payments are meant to compensate for some of the effects of disability, illness or injuries sustained or aggravated by a veteran's military service. Like all incomes, veterans disability benefits could be subject to garnishment.

Garnishment is a court-ordered procedure that an employer or government agency withhold cash from the pay of an individual who owes the debt and pay it directly to a creditor. In the event of a divorce garnishment can be used for child or spousal maintenance.

There are situations where the benefits of a veteran could be repaid. The most common scenario is that of a veteran who has waived his military retirement in order to receive disability compensation. In these cases, the amount of pension that is allocated to disability pay could be garnished to meet family support obligations.

In other cases, a veteran's benefits can be withdrawn to cover medical expenses or past due federal student loans. In these cases the court could go directly to the VA for the information they require. It is crucial for disabled veterans to retain a knowledgeable lawyer to ensure that their disability benefits aren't being snatched away. This can help them avoid having to depend on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major benefit for veterans and their families, however they do come with their own set of complications. If a veteran divorces and receives a VA settlement it is important to know what this will do to their benefits.

One of the major issues in this context is whether or not disability payments are considered to be divisible assets in divorce. This question has been answered in two ways. One way is by the Colorado court of appeals decision which concluded that VA disability payments are not property, and therefore cannot be divided as such. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments for an alimony payment was a violation of USFSPA.

Another concern with this issue is the treatment of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. Some states have different approaches. Colorado is one example. It takes all income sources together to determine the amount needed to support a spouse. It then adds disability income in order to take into account their tax-free status.

Finally, it is important for veterans to know how their disability benefits will be affected when they get divorced and how their spouses' ex-spouses could take advantage of their benefits. By being knowledgeable about these issues, veterans can ensure the security of their earnings and avoid any unintended consequences.