How a Veterans Disability Settlement Can Affect a Divorce Case

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

He wants to know if a jury verdict will impact his VA benefits. It will not. But it will have some impact on his other sources of income.

Can I Receive Compensation in the event of an accident?

You could be eligible for a settlement in the event that you were in the military but are now permanently disabled because of injuries or illnesses. This settlement can assist in compensating you for medical bills, lost income, and other expenses resulting from your illness or injury. The type of settlement you'll get depends on whether or not your condition is service-connected or non-service connected, the VA benefits you are eligible for, and what your injury or accident will cost to treat.

Jim, a 58 year veteran of Vietnam, was diagnosed as having permanent disabilities because of his two years of service. He doesn't have enough work space to be eligible for Social Security Disability benefits, however, he does have an VA Pension that offers cash and medical care for free depending on the financial needs of his. He wants to understand what the implications of a personal injury settlement will affect his ability to be eligible for this benefit.

The answer depends on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are based on payments over a period of time, rather than one single payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum settlement will affect any existing VA benefits since the VA will annually calculate and consider it as income. In either case, if excess assets remain after the twelve month period after the settlement is annually recalculated, Jim could reapply for the pension benefit, but only if his assets are less than a minimum threshold that the VA agrees establishes financial need.

Do I require an attorney?

Many service members, spouses and former spouses are concerned about VA disability benefits and their impact on financial issues during a divorce. Some people think, for instance, that the Department of Veterans Affairs compensation payments can be divided like the military retirement in divorce cases, or that they're "off limits" in calculating child support and Vimeo.com Alimony. These misconceptions can lead to financial errors which can have serious consequences.

It is possible to submit a claim for disability benefits on your own however, the majority of disabled veterans will require the help from a competent lawyer. A qualified veteran's disability lawyer will review your medical records and gather all the necessary evidence to make a convincing case at the VA. The lawyer will also be able to file any appeals you may require to obtain the benefits you are entitled to.

Additionally, the majority of VA disability lawyers don't charge fees for consultations. Additionally, the lawyer will generally be paid by the government directly from your retroactive past due benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should specify clearly the percentage of retroactive benefits that will be paid to your lawyer. For instance, a fee agreement can provide that the government can pay the attorney up to 20% of retroactive benefits or give. You are responsible for any additional amounts.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA it is in the form of monthly payments. The payments are intended to offset the effects of diseases, injuries or disabilities sustained or worsened during the veteran's service. Like other income sources, leonia veterans disability attorney disability benefits can be subject to garnishment.

Garnishment is a legal action that allows a court to make an order to an employer or government agency to omit funds from the pay of someone who owes money, and then send them directly to a creditor. In the event of a divorce the garnishment could be used for child or spousal care.

There are certain situations where veterans' benefits could be repaid. Most common is the veteran who waived his retirement from the military in order to receive disability compensation. In these cases the pension portion that is allocated to disability benefits can be garnished to fulfill the family support obligations.

In other cases, a veteran’s benefits can also be seized to cover medical expenses or federal student loans that are over due. In these instances, a court can go directly to the VA to obtain the information they require. The disabled veteran should consult an experienced attorney to safeguard their disability benefits. This can prevent 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 aid to veterans and their families. However they do come with specific complications. For instance, if a veteran gets divorced and is awarded an VA disability settlement, they should be aware of how this will affect the benefits they receive.

A major issue in this context is whether or not disability benefits are considered divisible assets in a divorce. This question has been addressed in two ways. One option is a Colorado court of appeals decision which concluded that VA disability payments are not property and cannot be divided in that 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 issue that is related to this topic is the treatment of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. Certain states use an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then adds disability payments to take account that they are tax-free.

It is also important that veterans are aware of 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 as well as avoid any unintended consequences.