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 receives a monthly Pension benefit from the Department of Veterans 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 get compensation for an accident?

You could be eligible for a settlement in the event that you have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement will pay you for medical expenses, lost income and other expenses resulting from your injury or sickness. The type of settlement you will receive will depend on whether or not your illness or injury is service-related, what VA benefits you are eligible for, as well as the cost to treat your accident or injury.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities following 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 does have the VA Pension which offers free medical care and cash dependent on the amount of money he needs. He would like to find out if a personal injury settlement will 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 are the ones that are paid over a period of time rather than in a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum settlement will impact any existing VA benefits since the VA will annualize and consider it income. If Jim has assets that are not used up after the settlement has been annualized the applicant can apply again to receive the Pension benefit. However his assets must be below a minimum threshold that the VA has determined to be a 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 the financial aspects of a divorce case. Some people believe, for instance, [Redirect Only] that the Department of northfield veterans disability lawyer (vimeo.com) Affairs compensation payments can be divided like the military retirement in a divorce case or that they're "off limits" when calculating child support and Alimony. These misconceptions can lead to serious financial errors.

It is possible to file a claim for disability benefits yourself however, the majority of disabled veterans would require the help from a competent lawyer. A skilled veteran's disability lawyer will examine your medical documents and gather the necessary evidence to make a convincing case at the VA. The lawyer can also help to submit any appeals you need to get the benefits you're entitled.

Furthermore, the majority of VA disability lawyers charge no fees for consultations. In addition the lawyer will usually be paid by the government directly out of your retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should specify clearly the proportion of retroactive benefits that will be paid to your lawyer. A fee agreement may stipulate for instance that the government will give the attorney up to 20% of retroactive benefits. You will be accountable for any additional costs.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The payments are intended to offset the effects of illnesses, injuries or disabilities that were sustained or aggravated during the course of a veteran's service. The veterans disability benefits are subject to garnishment just like other incomes.

Garnishment is a court-ordered procedure that an employer or government agency deduct money from the pay of a person who is in the process of paying the debt and pay it directly to the creditor. In the case of a divorce, garnishment may be used to pay for spousal support or child support.

There are a few situations in which a veteran's disability benefits are able to be garnished. The most frequent is the veteran who has renounced his retirement from the military in order to receive disability compensation. In these cases, the portion of the pension apportioned to disability pay could be garnished to meet family support obligations.

In other situations, a veteran's benefits can be withdrawn to cover medical expenses or past due federal student loans. In these cases, a court can go directly to the VA to obtain the information they require. A disabled veteran should employ an experienced attorney to protect their disability benefits. This can help them avoid having to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major benefit for grove city veterans disability lawsuit and their families, however they do come with their own set of issues. For instance, if a veteran gets divorced and receives an VA disability settlement, they need to know how this could affect their benefits.

One of the major issues in this context is whether or not the disability payments are considered divisible assets in a divorce. This issue has been settled in a couple of ways. One method is a Colorado court of appeals decision, which found that VA disability payments are not property, and Duluth Veterans Disability Attorney therefore cannot be divided in this way. Another option is a U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability payments to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this subject is how disability benefits are treated for purposes of child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. Certain states use a different approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then adds disability payments to take account that they are tax-free.

It is also crucial to know how divorce affects their disability benefits and how their spouses who divorced could take advantage of their compensation. By being informed about these issues, vets can ensure their compensation and avoid unintended consequences.