How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man, is permanently disabled because of his military service. He receives a monthly Pension benefit from the Department of crystal lake veterans disability Lawyer Affairs.

He would like to know how the verdict of a jury will impact his VA benefits. It will not. However, it will affect his other income sources.

Can I get compensation for an Accident?

You could be eligible for a settlement if served in the military but are now permanently disabled because of injuries or illnesses. This settlement could help you get compensation for medical expenses, lost wages, and keyport veterans disability lawsuit other expenses related to your injury or illness. The kind of settlement you'll get depends on whether or not your 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 example, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. He does not have enough working space to qualify for Social Security disability benefits but He does have a VA Pension benefit which provides medical care and cash that is based on financial need. He wants to be aware of how a personal injury lawsuit could affect his eligibility to receive this benefit.

The answer depends on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements require payments over a period of time instead of one payment. The amount that defendant pays is calculated to offset existing VA benefits. In contrast, a lump sum settlement will probably alter any existing benefits as the VA considers it as income and will increase it. In either case, if excess assets remain after the twelve-month period when the settlement is annualized Jim may be eligible to apply again for the Pension benefit, but only if his assets fall below a certain threshold that the VA agrees establishes financial need.

Do I have to hire an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its impact on the financial aspects of divorce cases. Some people think that the Department of Veterans Affairs' compensation payments can be split like a pension from a military service in divorce or are "off limits" in the calculation of child support and alimony. These misconceptions could lead serious financial mistakes.

It is possible to file an application for disability benefits yourself, but most disabled veterans will require the help of a skilled lawyer. A veteran's disability attorney can examine your medical records to gather the necessary evidence to prove your case before the VA. The lawyer can also file any appeals that you may require to receive the benefits you deserve.

Additionally, the majority of VA disability lawyers don't charge fees for consultations. Additionally, the lawyer will generally be paid by the government directly out of the 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 be paid should be outlined in your fee agreement. A fee agreement could say that, for instance, the government will provide the attorney with 20% of retroactive benefits. You will be accountable for any additional amounts.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. These payments are designed to help offset the effects of disability, illness or injuries sustained or aggravated by the veteran's military service. The veterans disability benefits are subject to garnishment just like other incomes.

Garnishment is a legal process which allows a court order an employer or government agency to deduct funds from the wages of a person who is in debt and to send them directly to an individual creditor. In the event of divorce, garnishment can be used to pay child or spousal care.

There are situations where veterans' benefits could be encashable. Most common is the veteran who has waived his military retirement to receive disability compensation. In these situations the portion of the pension allocated to disability payments can be garnished to pay family support obligations.

In other situations, veteran's benefits may also be garnished in order to pay for medical expenses or federal student loans that are past due. In these situations, a court can go directly to the VA to obtain the information they need. It is vital for disabled veterans to find a competent lawyer to ensure that their disability benefits aren't removed. This can stop them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to jackson veterans disability law firm and their families. However, they come with their own set complications. If a veteran is divorced and receives a VA settlement, he or she should be aware of the impact this could have to their benefits.

A major issue in this context is whether or not disability payments count as divisible assets in a divorce. The question has been answered in two ways. A Colorado court of appeals decision decided that VA disability payments were not property and therefore could not be divided this manner. Another way is through a U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability payments to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue related to this topic is how the disability benefits are interpreted to determine child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. However, certain states have taken different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then adds up the disability benefits to take into account that they are tax free.

It is also important for austin veterans disability lawsuit to know how their disability benefits will be affected if they are divorced and how their spouses who divorced them can garnish their compensation. By being informed about these issues, vets can safeguard their benefits and avoid any unintended consequences.