How a veterans disability lawyers Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled due to his service in the military. He gets a monthly pension from the Department of Veterans Affairs.

He wants to know if a jury verdict will impact his VA benefits. The answer is not. However, it will have an impact on the income sources of his other income sources.

Can I claim compensation for an accident?

You could be eligible for a settlement if have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement can help you receive compensation for your medical bills, lost wages and other expenses resulting from your illness or injury. The type of settlement that you can receive will depend on whether your injury or illness is service-related, what VA benefits you qualify for, and the amount you will need to treat your accident or injury.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service during the Vietnam War. He does not have enough space for work to qualify for Social Security Disability benefits, however, he does have the VA Pension, which provides cash and medical care for free depending on the financial needs of his. He wants to determine if a personal accident settlement could affect his ability to be eligible for this benefit.

The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements require installments over time, rather than a single payment. The amount paid by the defendant is calculated to offset existing VA benefits. A lump sum payment can affect any existing VA benefits as the VA will annually assess and count it income. If Jim has surplus assets after the settlement is annualized, he can reapply to be eligible for the pension benefit. However the assets must be below a minimum threshold that the VA has agreed establishes financial necessity.

Do I need to hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its impact on the financial aspects of divorce cases. Among other things, some people think that the Department of Veterans Affairs' compensation payments can be divided like a military pension divorce or are "off limits" in the calculation of child support and alimony. These misconceptions could lead grave financial errors.

While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans can benefit from the help of a qualified attorney. A disability attorney for veterans can look over your medical records and collect the evidence necessary to prove your case in front of the VA. The lawyer can also file any appeals you may require to receive the benefits you are entitled to.

The majority of VA disability lawyers do not charge for consultations. In addition that the lawyer will normally be paid by the government directly from your award of retroactive past-due benefits. This is an advantage 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 example an agreement on fees could state that the government will pay the lawyer up to 20% of the retroactive benefits or award. You are responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The funds are intended to compensate for some of the effects of disabilities, diseases or injuries that are sustained or aggravated during a veteran's military service. As with all income, veterans disability benefits can be subject to garnishment.

Garnishment is a legal process that permits a court to make an order to an employer or government agency to take money from the pay of someone who owes money and transfer them directly to an individual creditor. In the case of a divorce, garnishment could be used to pay spousal maintenance or child support.

There are certain situations where the benefits of a veteran could be garnished. The most common situation involves those who have renounced their military retirement to receive disability compensation. In these scenarios, the portion of pension that is allocated to disability benefits can be garnished in order to meet family support obligations.

In other circumstances, veteran’s benefits can also be garnished in order to cover medical expenses or federal student loans that are past due. In these instances, a court can go directly to the VA to obtain the information they require. It is important for disabled veterans Disability law firms to find a competent lawyer to ensure that their disability benefits are not garnished. This will prevent them from being forced to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous help for veterans and their families, however they're not without their own set of complications. If a person divorces and receives an VA settlement it is important to be aware of the implications to the benefits they receive.

In this regard, the main question is whether or not disability payments are considered to be assets that can be split in divorce. This issue has been settled in a couple of ways. A Colorado court of appeals decision declared that VA disability payments were not property and could not be divided in this manner. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments to pay 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 support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. However, certain states have chosen to take different approaches. Colorado is one example. It adds all income sources together to determine the amount required to provide for a spouse. Colorado then adds disability income to reflect their tax-free status.

It is also important for veterans disability lawsuit to understand veterans disability Law firms how their disability compensation will be affected if they get divorced and how their ex-spouses can affect their compensation. By being informed about these issues, veterans can protect their compensation and avoid any unintended consequences.