How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled from his time in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

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

Can I Get Compensation for an Accident?

If you have served in the military and are permanently disabled due to injuries or illnesses, you may be eligible for cover.gnu-darwin.org a veteran disability settlement. This settlement will pay you for medical bills, lost income, and other costs that resulted from your injury or sickness. The kind of settlement you will receive will depend on whether your illness or injury is service-related, Vimeo.Com what VA benefits you are eligible for, as well as the cost to treat your accident or injury.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. He doesn't have enough work space to qualify for Social Security Disability benefits, but he has the VA Pension, which provides free medical treatment and cash dependent on the amount of money he needs. He wants to understand how a personal injury lawsuit could affect his eligibility to benefit from this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements involve the payment of over time rather than one single payment. The amount that defendant pays is calculated to offset the existing VA benefits. However, a lump sum payout will likely alter any existing benefits as the VA considers it income and will annualize it. If Jim has surplus assets after the settlement is annually adjusted and he wants to reapply, he will receive the Pension benefit. However, his assets must be below a minimum threshold that the VA has agreed establishes financial necessity.

Do I need to hire an attorney?

Many spouses, military personnel, and former spouses have concerns about VA disability benefits and their impact on financial issues during divorce. Among other things, some people think that the Department of Veterans Affairs' compensation payments can be divided like a pension from a military service in a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions could lead grave financial errors.

It is possible to submit an application for disability benefits on your own however, the majority of disabled stow veterans disability law firm would require the help of a professional lawyer. A veteran's disability attorney will review your medical records to gather the evidence needed to present a convincing case to the VA. The lawyer can also file any appeals that you may require to get the benefits you are entitled to.

Furthermore, the majority of VA disability lawyers charge no fees for consultations. Additionally the lawyer will usually be paid by the government directly out of your award of retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The fee agreement should clearly specify the amount of retroactive benefits to be paid to your lawyer. For example, a fee agreement can stipulate that the government will pay the lawyer up to 20% of the retroactive benefits or provide. Any additional amounts will be your obligation.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA it is in the form of monthly payments. These payments are designed to alleviate some of the effects of diseases, disabilities or injuries incurred during or aggravated during a veteran's military service. The benefits for veterans' disability are subject to garnishment, just like any other income.

Garnishment lets a court order that an employer or government agency deduct money from the pay of a person who owes the debt and pay it directly to a creditor. In the case of divorce, garnishment may be used to pay spousal or child support or child support.

However, there are some circumstances where a veteran's disability benefits are able to be repaid. Most often, it is the case of a veteran who renounced his military retirement to receive disability compensation. In these instances the pension portion that is devoted to disability pay can also be garnished to pay for family support obligations.

In other circumstances, veteran's benefits may also be seized in order to pay for medical expenses or federal student loans that are over due. In these cases, a court may be able to direct the case to the VA to obtain the necessary information. It is vital for disabled brown deer veterans disability attorney to find a competent lawyer to ensure that their disability benefits are not garnished. This will prevent them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big aid to veterans and their families, monroyhives.biz but they do come with their own set of challenges. For example when a veteran is divorced and receives an VA disability settlement, they should know how this could affect their benefits.

A major issue in this regard is whether or not the disability payments are considered to be divisible assets in a divorce. This question has been resolved in two ways. A Colorado court of appeals decision decided that VA disability payments were not property and therefore could not be divided this manner. Another method is an U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern relating to this issue 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. However, some states have adopted a different approach. Colorado is one example. It adds all income sources together to determine the amount needed to support a spouse. It then adds on disability payments to account for their tax-free status.

Additionally, it is essential that veterans understand how their disability compensation will be affected if they get divorced and how their spouses who divorced them can garnish their compensation. If they are aware of these issues, veterans can safeguard their earnings and avoid any unintended consequences.