How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled as a result of his time in the military. He is able to receive a monthly pension from the Department of st francis veterans disability lawyer Affairs.

He would like to know how the verdict of a jury will impact his VA benefits. The answer is that it will not. However, it could have an impact on his other sources of income.

Can I receive 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 will pay you for medical bills, lost income and other expenses resulting from your injury or sickness. The kind of settlement you'll receive will depend on whether your condition is service-connected or not connected, the VA benefits you qualify for, as well as the amount your injury or accident will cost to treat.

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

The answer will depend on whether the settlement is a lump-sum or a structured one. Structured settlements are settlements that are paid over a period of time 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 will affect any existing VA benefits since the VA will annually evaluate and consider it income. In any case, if there are excess assets are left after the period of twelve months when the settlement is annualized Jim may be eligible to apply again for the Pension benefit, but only if his assets fall lower than a threshold with which the VA determines to be a financial need.

Do I require an attorney?

Many spouses, members of the military and former spouses are concerned about VA disability payments and their impact on financial issues in divorce. Some people think, for instance, that Department of Veterans Affairs compensation payments can be split as a military retirement in divorce cases, or that they're "off limits" when calculating child support and alimony. These misconceptions can result in financial mistakes that can have grave consequences.

While it is possible to file an initial claim for disability benefits on your own, most disabled glennville veterans disability Law firm can benefit from the help of a qualified lawyer. A veteran's disability attorney will examine your medical records to gather the evidence needed to argue your case to the VA. The lawyer will also be able to file any appeals that you require to secure the benefits you deserve.

Additionally, the majority of VA disability lawyers do not charge fees for consultations. In addition, 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 fee agreement should clearly specify the proportion of retroactive benefits that will be paid to your lawyer. For example an agreement on fees could state that the government will pay the attorney up to 20% of retroactive benefits or provide. You are responsible for any additional amount.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. These payments are designed to help offset the impact of diseases, injuries or disabilities that were suffered or aggravated during a veteran's service. Like all income, the benefits for baytown veterans disability attorney with disabilities are subject to garnishment.

Garnishment can be a legal proceeding that permits a court to require an employer or government agency to withhold funds from the pay of an employee who owes money, and then send them directly to a creditor. In the event of divorce, garnishment can be used to pay child or spousal care.

However, there are some situations in which a veteran's disability benefits can be garnished. The most common situation involves the veteran who has waived their military retirement in order to receive disability compensation. In these situations the amount of pension that is attributed to disability benefits may be garnished for family support obligations.

In other cases, a veteran’s benefits can also be seized to pay medical expenses or federal student loans that are over due. In these instances, a court may be able to direct the case to the VA to get the required information. A disabled veteran should seek out an experienced attorney to protect their disability benefits. This can help them avoid having to depend on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent assistance to veterans and their families. However they do come with their own set complications. For instance the case where a veteran is divorced and receives an VA disability settlement, they need to know how this will affect their benefits.

In this regard the most important question is whether disability benefits are considered assets that can be divided 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 in this way. 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 topic is how the disability benefits are interpreted for purposes of child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from claiming disability benefits as income. However, some states have chosen to take 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 into account that they are tax free.

It is also crucial that veterans know how divorce will affect their disability compensation and how their ex spouses could slash their benefits. By being knowledgeable about these issues, veterans can safeguard their earnings and avoid any unintended consequences.