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 is able to receive a monthly pension from the Department of veterans disability law firm Affairs.

He wants to know if the verdict of 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?

If you've been in the military but are now permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement could help you get compensation for medical bills, lost wages and other expenses that result from your injury or illness. The type of settlement that you are eligible for will depend on whether or not your illness or injury is service-connected, what VA benefits you are eligible for, and the cost to treat your injury or accident.

Jim, a 58 year veteran of the Vietnam war was diagnosed with permanent disabilities as a result of his two years of service. He does not have enough working space to qualify for Social Security disability benefits but there is a VA Pension benefit that provides cash and free medical assistance dependent on financial need. He would like to find out if a personal injury settlement would affect his ability be eligible for this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements are the ones that are paid over a period of time instead of in one payment and veterans Disability the amount paid by the defendant is calculated to offset any existing VA benefits. However, a lump sum payment will likely affect existing benefits since the VA considers it a tax-deductible income and will annually increase it. If Jim has assets that are not used up after the settlement is annualized then he is eligible to receive the Pension benefit. However his assets must be below a threshold the VA has determined to be a financial necessity.

Do I need to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on the financial aspects of a divorce case. Among other things, some people think that the Department of Veterans Affairs' compensation payments can be split like a military pension a divorce or that they are "off limits" in the calculation of child support and Alimony. These misconceptions may lead to serious financial errors.

It is possible to file an application for disability benefits yourself however, the majority of disabled veterans will benefit from the assistance from a competent lawyer. A qualified veteran's disability lawyer can examine your medical records and gather all the necessary evidence to make a convincing case at the VA. The lawyer can also help to make any appeals you require to obtain the benefits you're entitled.

The majority of VA disability lawyers don't charge for consultations. In addition, the lawyer will generally 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 fee agreement should clearly specify the percentage of retroactive benefits that will be paid to your lawyer. For example the fee agreement could stipulate that the government will pay the attorney up to 20% of the retroactive benefits or award. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. These payments are designed to compensate for the effects of injuries, diseases or disabilities that have been sustained or aggravated during a veteran's time of service. Like all incomes, veterans disability benefits can be subject to garnishment.

Garnishment allows a court order that an employer or government agency deduct money 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 spousal support or child support.

However, there are some circumstances where a veteran's disability benefits are able to be garnished. The most frequent scenario involves veterans who have waived their military retirement to get disability compensation. In these instances the portion of the pension allocated to disability payments can be garnished to pay family support obligations.

In other instances the benefits of a veteran can be withdrawn to cover medical expenses or past due federal student loans. In these cases, a court may be able to directly to the VA to get the required information. It is important for a disabled veteran to retain a knowledgeable attorney to ensure that their disability benefits are not being snatched away. This will help them avoid having to rely on payday loans and 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 issues. For instance, if a veteran gets divorced and receives a VA disability settlement, they should know what effect this will have on their benefits.

In this case, a major question is whether disability payments are considered to be assets that could be divided during a divorce. This question has been resolved in two ways. One is through an Colorado court of appeals decision that found that VA disability payments are not property and can't be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability benefits for alimony was a violation of USFSPA.

Another issue related to this topic is how the disability benefits are interpreted for purposes of child maintenance and support. Both the USFSPA and Veterans Disability the Supreme Court, prohibit states from counting disability benefits as income. However, some states have adopted different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds disability benefits to take into account that they are tax free.

Additionally, it is essential for veterans to know how their disability benefits will be affected when they get divorced and how their ex-spouses can garnish their compensation. By being aware of these issues, veterans can protect their compensation and avoid unintended consequences.