How a Veterans 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 would like to know if a jury verdict will affect his VA benefits. The answer is that it will not. It will, however, have an impact on the income sources of his other income sources.

Can I get compensation in the event of an accident?

You may be eligible for a settlement in the event that you have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement will help pay you for medical expenses, lost income and other expenses that resulted from your injury or sickness. The kind of settlement you are eligible for will depend on whether or not your illness or injury is related to service, what VA benefits you are eligible 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 following two years of service during the Vietnam War. He hasn't got enough work space to be eligible for Social Security disability benefits but there is a VA Pension benefit that provides cash and free medical care that is based on financial need. He wants to know if a personal injury settlement would affect his eligibility to receive this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements are the ones that are paid over a time frame rather than a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum settlement can affect any existing VA benefits since the VA will annually assess and count it as income. In the event that there are any excess assets remain after the twelve-month period when the settlement is annualized, Jim may be eligible to apply again for the Pension benefit but only if his assets are lower than a threshold with which the VA accepts as establishing financial need.

Do I Need to Hire an attorney?

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

It is possible to submit a claim for veterans disability Lawsuits disability benefits by yourself however, the majority of disabled veterans will benefit from the assistance of a professional lawyer. A skilled veteran's disability lawyer can examine your medical documents and gather the necessary evidence to make a convincing case to the VA. The lawyer will also be able to make any appeals you require to receive the benefits you deserve.

Additionally, the majority of VA disability lawyers do not charge fees for consultations. The government also pays the lawyer directly from the amount of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly define the percentage of retroactive benefits to be paid to your lawyer. A fee agreement could say, for example, that the government will pay the attorney 20 percent of retroactive benefits. Any additional amounts will be your responsibility.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The payments are meant to alleviate some of the effects of diseases, disabilities or injuries that are sustained or aggravated by the veteran's military service. The benefits for veterans' disability are subject to garnishment just like other incomes.

Garnishment is a legal action that allows a judge to order an employer or government agency to take money from the paycheck of a person who owes money and transfer them directly to an individual creditor. In the event of divorce, garnishment may be used to pay spousal maintenance or child support.

There are certain situations where a veteran's benefits can be repaid. The most common scenario involves a veteran who waived their military retirement to get disability compensation. In these situations the amount of pension allocated to disability payments can be garnished to pay family support obligations.

In other instances, a veteran's benefits could be seized to pay medical expenses or federal student loans that are over due. In these situations the court might be able to directly to the VA to get the required information. It is essential for disabled veterans to hire a knowledgeable attorney to ensure that their disability benefits are not being snatched away. This will prevent them from having to depend on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous benefit for shorl.com veterans and their families, however they don't come without their own set-of complications. For instance the case where a veteran is divorced and is awarded an VA disability settlement, they should know what effect this will have on the benefits they receive.

In this case one of the major issues is whether disability payments are considered to be assets that can be split during a divorce. The issue has been resolved in a couple of ways. One method is an Colorado court of appeals ruling that concluded that VA disability payments are not property and cannot be divided as such. The other way is by the U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability payments to pay Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this subject is how disability benefits are treated in the context of child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. Certain states take different approaches. Colorado is one example. It adds all sources of income together to determine the amount required to support a spouse. It then adds disability payments in order to take into account their tax-free status.

In the end, it is crucial for veterans disability lawsuit to be aware of how their disability benefits will be affected if they become divorced and how their spouses who divorced them can be able to garnish their compensation. By knowing about these questions, veterans can guard their compensation and avoid unwanted consequences.