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 would like to be aware of whether a verdict by a jury will impact his VA benefits. The answer is that it will not. It will, however, have an impact on his other income sources.

Can I claim compensation for an accident?

You could be eligible for a settlement in the event that you were in the military but are now permanently disabled because of injuries or illnesses. This settlement can allow you to receive compensation for your medical bills, lost wages, and other expenses that result from your injury or illness. The type of settlement that you can receive will depend on whether or not your injury or illness is service-connected, what VA benefits you qualify for, and the cost to treat your injury or accident.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He doesn't have enough work space to qualify 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 would like to be aware of whether a personal injury settlement could affect his ability to get this benefit.

The answer is dependent on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements involve the payment of over time, rather than one payment. The amount that defendant pays is calculated to offset the existing VA benefits. However, a lump sum payout is likely to impact any benefits already in place because the VA considers it as income and international falls veterans disability attorney will increase it. In any case, if there are excess assets remain after the period of twelve months after the settlement is annually recalculated, Jim could be eligible for a new pension benefit, but only if his assets fall less than a minimum threshold that the VA agrees establishes financial need.

Do I need to hire an Attorney?

Many spouses, members of the military and former spouses are concerned about VA disability benefits and their impact on money issues during divorce. Among other things, some people think that the Department of fairview veterans disability lawyer Affairs' compensation payments are able to be divided as a military pension in divorce or are "off limits" in the calculation of child support and alimony. These misconceptions may lead to serious financial errors.

While it is possible to file an initial claim for disability benefits on your own, many disabled veterans benefit from the assistance of a professional lawyer. A disability attorney for veterans can review your medical records to gather the evidence required to prove your case to the VA. The lawyer can also file any appeals that you may need in order to receive the benefits you deserve.

Most VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from the payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should specify clearly the percentage of retroactive benefits to be paid to your lawyer. For instance an agreement on fees could state that the government will pay the attorney up to 20% of retroactive benefits or give. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. These payments are designed to offset some of the effects of disabilities, diseases, or injuries sustained during or aggravated by a veteran's military service. The benefits for freeport veterans disability lawsuit' disability are subject to garnishment like any other income.

Garnishment is a legal process that permits a court to order an employer or government agency to take money from the paycheck of a person who owes money, and then send them directly to the creditor. In the case of a divorce, garnishment can be used to pay for spousal support or child support.

However, there are a few situations in which a veteran's disability benefits could be garnished. The most common scenario is that of a veteran who waived his military retirement in order to receive disability compensation. In these scenarios the part of pension that is allocated to disability pay can also be garnished in order to pay for family support obligations.

In other circumstances, veteran's benefits may also be garnished in order to pay medical bills or federal student loans that are past due. In these instances the court can go directly to the VA to obtain the information they require. A disabled veteran should hire an experienced attorney to secure their disability benefits. 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 huge help to veterans and their families. However they do come with certain complications. For instance the case where a veteran is divorced and receives a VA disability settlement, they must be aware of how this could affect their benefits.

A major issue in this regard is whether or not the disability benefits are considered divisible assets in divorce. The issue has been resolved in a couple of ways. One is through the Colorado court of appeals decision which concluded that VA disability payments are not property and therefore cannot be divided as such. Another option is an U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability payments to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this subject is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. Certain states employ a different approach. Colorado is one example. It adds all sources of income together to determine the amount needed to support a spouse. It then adds on disability payments to reflect their tax-free status.

It is also important that torrington veterans disability lawsuit are aware of the impact divorce has on their disability compensation and how their ex spouses could slash their benefits. By being informed about these issues, veterans can ensure their compensation as well as avoid any unintended consequences.