How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled due to his military service. He is able to receive a monthly pension from the Department of Junction city Veterans disability lawsuit Affairs.

He would like to know if a verdict of a juror will affect his VA benefits. The answer is that it will not. However, it will affect the other sources of income he earns.

Can I claim compensation in the event of an accident?

You may be eligible for a settlement if were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement can assist in compensating you for medical bills, lost income and other expenses that resulted from your illness or injury. The type of settlement you can get depends on whether or not your health condition is non-service connected, what VA benefits you qualify for, and the amount your accident or injury will cost to treat.

Jim, a 58 year veteran of Vietnam was diagnosed with permanent disabilities as a result of his two years of service. He isn't in a position to have enough space for work to be eligible for Social Security Disability benefits, however, he does have the VA Pension which offers free medical treatment and cash dependent on the amount of money he needs. He would like to understand how a personal injury lawsuit can affect his ability to benefit from this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements are payments made over a period of time rather than as a single payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payout is likely to affect any existing benefits because the VA considers it as income and will increase it. If Jim has surplus assets after the settlement has been annualized the applicant can apply again to receive the Pension benefit. However the assets he has to be below a threshold the VA has agreed establishes financial necessity.

Do I need to employ an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on money issues in divorce cases. Among other things, some people believe that the Department of Veterans Affairs' compensation payments can be divided as a military pension in a divorce or that they are "off limits" when it comes to calculation of child support and Alimony. These misconceptions can result in financial mistakes that have serious consequences.

While it is possible to make an initial claim for disability benefits on your own, the majority of disabled veterans get the help of a qualified attorney. A skilled veteran's disability lawyer can review your medical documents and gather the necessary evidence needed to build a strong case to the VA. The lawyer can also file any appeals that you might require to receive the benefits you are entitled to.

The majority of VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from your amount of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The amount of retroactive past-due benefits that your lawyer will receive should be clearly stated in your fee agreement. For instance your fee agreement may stipulate that the government will pay the lawyer up to 20% of retroactive benefits or award. You will be accountable for any additional amount.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. These payments are designed to help offset the impact of illnesses, injuries or disabilities sustained or aggravated by a veteran's time of service. Like other income sources, benefits for walker veterans disability law firm with disabilities are subject to garnishment.

Garnishment allows a court order that an employer or government agency stop money from the wages of a person who is in the process of paying the debt and pay it directly to a creditor. In the event of a divorce, garnishment may be used to pay spousal or child support or child support.

There are certain situations where a veteran's benefits can be repaid. The most common scenario involves veterans who have waived their military retirement in order to claim disability compensation. In these situations the amount of pension that is devoted to disability pay can also be garnished to pay for family support obligations.

In other instances it is possible for a veteran's benefits to be seized to pay medical expenses or past due federal student loans. In these cases the court can go directly to the VA for the information they require. It is essential for disabled veterans to find a competent attorney to ensure that their disability benefits aren't removed. This will allow them to avoid having to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major assistance to veterans and their families, but they're not without their own set of complications. If a person divorces and receives an VA settlement it is important to know what this will do to their benefits.

A major issue in this context is whether disability payments are considered to be divisible assets in divorce. This question has been resolved in two ways. One method is a Colorado court of appeals decision, which found that VA disability payments are not property, and therefore 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 concern related to this issue is the handling of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. However, some states have taken different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse will need and then pluses up the disability payments to take account that they are tax-free.

It is also important that tega cay veterans disability law firm understand how their disability compensation will be affected if they get divorced and how their spouses' ex-spouses could garnish their compensation. If they are aware of these questions, veterans can guard their income and avoid unwanted consequences.