How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled because of his military service. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to know how the jury's verdict will affect his VA benefits. The answer is not. It will, however, affect the other sources of income he earns.

Can I get compensation for an accident?

If you've served in the military and are permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can allow you to receive compensation for your medical bills, lost wages, and other expenses related to your injury or illness. The type of settlement that you are eligible for will depend on whether or not your illness or injury is related to service, what VA benefits you qualify for, and the amount you will need to treat your accident or injury.

Jim is a 58 year old Vietnam veteran, was diagnosed as having permanent disabilities due to his two years of service. He doesn't have enough work quarters to qualify for Social Security disability benefits but He does have a VA Pension benefit that provides cash and free medical care based on financial need. He would like to be aware of how a personal injury lawsuit will affect his ability to get this benefit.

The answer will depend on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are those that are made over a long period of time instead of in one payment and the amount paid by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum payout is likely to affect any existing benefits because the VA considers it income and will annualize it. In any case, if there are excess assets are left 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 are less than a minimum threshold that the VA is able to agree establishes financial need.

Do I need to hire an attorney?

Many spouses, military personnel, and law former spouses are confused about VA disability compensation and its effect on financial issues in a divorce case. In addition, some people think that the Department of veterans disability law firm Affairs' compensation payments can be split as a military pension in divorce or are "off limits" in calculation of child support and alimony. These misconceptions can result in financial mistakes that can have grave consequences.

While it is possible to do an initial claim for disability benefits on your own, most disabled veterans can benefit from the assistance of a skilled lawyer. An experienced veteran's disability lawyer will review your medical documents and gurye.multiiq.com gather the necessary evidence to support your case at the VA. The lawyer will also be able to file any appeals you may require to receive the benefits you're entitled to.

In addition, the majority of VA disability lawyers charge no fees for consultations. Additionally, the lawyer will generally be paid by the government directly out of your award of retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will receive should be clearly outlined in your fee agreement. For m.042-527-9574.1004114.co.kr instance your fee agreement may provide that the government can pay the lawyer up to 20% of the retroactive benefits or give. Any additional amounts will be your the responsibility of the attorney.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA it is received in the form of monthly payments. The payments are intended to help offset the impact of diseases, injuries or disabilities that were sustained or worsened during the veteran's time of service. The benefits for veterans with disabilities are subject to garnishment, just like other incomes.

Garnishment lets a court order that an employer or government agency withhold money from the wages of a person who has an obligation and pay it directly to a creditor. In the case of a divorce, garnishment could be used to pay spousal support or child support.

There are a few situations in which the benefits of a veteran can be encashable. The most frequent is the veteran who has renounced his military retirement to receive disability compensation. In these instances the amount of pension that is devoted to disability payments can be garnished to pay for family support obligations.

In other circumstances, veteran's benefits may also be seized to pay medical expenses or federal student loans that are over due. In these situations the court could go directly to the VA to obtain the information they need. It is essential for disabled veterans to find a competent lawyer to ensure that their disability benefits are not being snatched away. This can prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help to veterans as well as their families. However they have specific complications. If a veteran divorces and receives a VA settlement and is eligible, they should be aware of what this might do to the benefits they receive.

In this context the most important question is whether or not disability benefits are considered assets that could be divided in a divorce. This question has been resolved in two ways. A Colorado court of appeals decision decided that VA disability payments were not property and could not be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability payments to pay an alimony payment was a violation of USFSPA.

Another concern related to this subject is the treatment of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. Some states have a different approach. Colorado is one example. It adds all income sources together to determine the amount required to support a spouse and then adds disability income to account for their tax-free status.

It is also crucial that veterans disability attorney understand the impact divorce has on their disability compensation and how ex-spouses can slash their income. By being aware of these issues, vets can safeguard their benefits and avoid the unintended consequences.