How a Dyer Veterans disability Lawyer Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man is permanently disabled because of his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.

He wants to find out if a verdict from a jury will impact his VA benefits. It won't. But it will have some impact on the other sources of income he has.

Can I get compensation for an accident?

You may be eligible for a settlement if you served in the military but are now permanently disabled as a result of injuries or illnesses. This settlement will allow you to get compensation for medical expenses, lost wages, and other expenses resulting from your illness or injury. The type of settlement you can receive will depend on whether or not your injury or illness is service-connected, 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 veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He isn't in a position to have enough space for work to be eligible for Social Security Disability benefits, however, he can claim the VA Pension, which provides free medical treatment and cash according to his financial need. He wants to be aware of whether a personal injury settlement would affect his ability 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 involve the payment of over time, rather than one lump sum payment. The amount that defendant pays is calculated to offset existing VA benefits. However, a lump sum payment will likely alter any existing benefits as the VA considers it income and will annualize it. If Jim has excess assets after the settlement is annually adjusted the applicant can apply again to receive the Pension benefit. However, his assets must be below a threshold the VA has set to establish financial necessity.

Do I really need to hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of divorce cases. In addition, some people believe that the Department of Veterans Affairs' compensation payments can be divided as a military pension in divorce or are "off limits" in calculation of child support and alimony. These misconceptions can lead to financial mistakes that have serious consequences.

It is possible to file a claim for disability benefits on your own however, the majority of disabled veterans would require the help of a professional lawyer. A veteran's disability lawyer who is experienced will examine your medical documents and gather the required evidence to present a strong argument to the VA. The lawyer will also be able to make any appeals you require to receive the benefits you deserve.

The majority of VA disability lawyers do not charge for consultations. Additionally that the lawyer will normally be paid by the government directly out of your 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 be paid must be specified in your fee agreement. A fee agreement may stipulate that, for instance, the government will give the attorney up to 20 percent of retroactive benefits. You are responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. The funds are intended to alleviate some of the effects of disabilities, diseases or injuries sustained or aggravated by the veteran's military service. Like all income, the benefits for woodlake veterans disability lawyer with disabilities are subject to garnishment.

Garnishment permits a court order that an employer or a government agency withhold cash from the pay of a person who owes an obligation and pay it directly to the creditor. In the event of divorce, garnishment can be used to pay for spousal support or child support.

There are a few circumstances where a veteran's disability benefits may be refunded. Most often, it is the case of a veteran who has waived his retirement from the military in order to receive disability compensation. In these cases the amount of pension allocated to disability payments can be garnished for family support obligations.

In other cases, a veteran's benefits may also be seized in order to pay for medical expenses or federal student loans that are past due. In these cases, a court can go directly to the VA to obtain the information they require. It is essential for disabled veterans to work with a reputable lawyer to ensure that their disability benefits aren't garnished. This will stop them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous benefit for veterans and their families, but they do come with their own set-of complications. If a person divorces and receives a VA settlement then they must be aware of the impact this could have to the benefits they receive.

One of the major issues in this context is whether disability payments count as divisible assets in divorce. This issue has been addressed in a couple of ways. A Colorado court of appeals decision determined that VA disability payments were not property and could not be divided this way. Another method is an U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability payments to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this issue is the treatment of disability benefits for child maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. Certain states employ an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then pluses up the disability payments to take into the fact that they are tax-free.

It is also vital that veterans understand how divorce can affect their disability compensation and [empty] how their spouses who divorced can slash their income. By knowing about these questions, veterans can guard their earnings and avoid any unintended consequences.