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 if a jury verdict will impact his VA benefits. The answer is that it will not. However, it could have an impact on the other sources of income he has.

Can I receive compensation in the event of an accident?

If you have served in the military but are now permanently disabled due to injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will help pay you for medical bills, lost income and other costs that resulted from your illness or injury. The type of settlement you can receive will depend on whether your illness or injury is service-related, what VA benefits you are eligible for, and the amount you will need to treat your accident or injury.

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 be eligible for Vimeo Social Security disability benefits but there is a VA Pension benefit that offers cash and medical treatment for free based on financial need. He wants to be aware of how a personal injury lawsuit can affect his ability to benefit from this benefit.

The answer depends on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are those that are made over a long period of time rather than a single payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum payment can affect any existing VA benefits since the VA will annually calculate and consider it to be income. If Jim has surplus assets after the settlement is annualized then he is eligible to be eligible for the pension benefit. However his assets must be less than a certain threshold that the VA has set to establish financial necessity.

Do I need to hire an attorney?

Many spouses, members of the military, and former spouses have concerns about VA disability payments and their impact on financial issues in divorce. Some people believe, among other things, that the Department of cabot veterans disability attorney Affairs compensation payments can be split as an army retirement in a divorce case or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can lead to serious financial errors.

It is possible to submit a claim for disability benefits by yourself however, the majority of disabled veterans will benefit from the assistance from a competent lawyer. A veteran's disability attorney can review your medical records to collect the evidence necessary to present a convincing case to the VA. The lawyer will also be able to file any appeals that you require to obtain the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. In addition the lawyer will typically be paid by the government directly from your award of retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will receive must be specified in your fee agreement. A fee agreement could say for instance that the government will pay the attorney 20% of retroactive benefits. The attorney is responsible for any additional amount.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA the compensation is paid in the form of monthly payments. These payments are designed to compensate for the effects of injuries, diseases or disabilities that have been sustained or worsened during the veteran's service. The veterans disability benefits are subject to garnishment, like any other income.

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

However, there are certain situations in which a veteran's disability benefits are able to be refunded. The most common situation involves the veteran who has waived their military retirement in order to receive disability compensation. In these scenarios the amount of pension that is devoted to disability pay can also be garnished in order to meet family support obligations.

In other cases, a veteran's benefits could be garnished to pay medical expenses or federal student loans that are over due. In these instances, a court may be able to directly to the VA to get the required information. A disabled veteran should employ an experienced attorney to protect their disability benefits. This will prevent them from having to depend on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big help for veterans and their families, but they do come with their own set of challenges. If a veteran is divorced and receives a VA settlement, he or she should be aware of what this might do to their benefits.

A major issue in this context is whether or not the disability payments are considered divisible assets in divorce. This question has been resolved in a couple of ways. One is through the Colorado court of appeals decision which concluded that VA disability payments are not property and cannot 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 with this issue is how disability benefits are treated in the context of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. However, certain states have taken the opposite approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds disability payments to take account that they are tax free.

In the end, it is crucial for greeneville veterans disability lawyer to understand how their disability compensation will be affected if they are divorced and how their spouses who divorced them can affect their compensation. By being informed about these issues, veterans can protect their income and avoid any unintended consequences.