How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled from his service in the military. 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 won't. But it will have an impact on his other sources of income.

Can I Receive Compensation in the event of an accident?

You could be eligible for a settlement if served in the military but are now permanently disabled because of injuries or illnesses. This settlement could help you get compensation for medical bills, lost wages, and other expenses related to your illness or injury. The type of settlement you can get will depend on whether the condition is service-connected or non-service connected, which VA benefits you qualify for, and how much your accident or injury will cost to treat.

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 medical care and cash dependent on financial need. He wants to know what the implications of a personal injury settlement will affect his eligibility to get this benefit.

The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements are the ones that are paid over a time period rather than as a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. In contrast, a lump sum payment will likely impact any benefits already in place because the VA considers it as income and will increase it. In any case, if there are excess assets remain after the twelve month period when the settlement has been annualized Jim could be eligible for a new pension benefit, but only if his assets are less than a minimum threshold that the VA determines to be a financial need.

Do I need to hire an attorney?

Many spouses, military personnel and former spouses have concerns about VA disability payments and their effect on financial issues in divorce. Some people believe, among other things, that Department of Veterans Affairs compensation payments can be split like an army retirement in divorce cases, or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can result in financial mistakes which can have serious consequences.

It is possible to file an application for disability benefits yourself, but most disabled veterans would benefit from the assistance from a competent lawyer. A veteran's disability attorney can review your medical records to collect the evidence necessary to argue your case before the VA. The lawyer can also file any appeals you may require to receive the benefits you are entitled to.

The majority of VA disability lawyers don't charge for consultations. In addition the lawyer will usually be paid by the government directly from your retroactive past due benefits. This is a benefit of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will receive should be clearly outlined in your fee agreement. For example the fee agreement could specify that the government will pay the attorney up to 20% of retroactive benefits or pay. You will be responsible for any additional amounts.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The payments are intended to offset the effects of injuries, diseases or disabilities that were sustained or aggravated by a veteran's service. The benefits for veterans disability attorney' disability are subject to garnishment as is any other income.

Garnishment is a legal action that permits a court to order an employer or government agency to withhold funds from the wages of a person who owes money and send them directly to a creditor. In the case of a divorce, garnishment can be used to pay spousal maintenance or child support.

There are some situations where the benefits of a veteran can be repaid. The most frequent is the veteran who has waived his military retirement to receive disability compensation. In these situations, the portion of the pension that is allocated to disability pay can be garnished for family support obligations.

In other situations, veteran's benefits may also be garnished in order to pay for medical expenses or Vimeo.com federal student loans that are over due. In these instances, a court can go directly to the VA to obtain the information they require. It is important for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits are not taken away. This will help them avoid having to depend on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous aid to veterans and their families, but they're not without their own set of complications. For example in the event that a veteran gets divorced and is awarded an VA disability settlement, they must be aware of what effect this will have on their benefits.

In this case, a major question is whether disability payments are considered assets which can be divided in divorce. This question has been answered in two ways. A Colorado court of appeals ruling declared that VA disability payments were not property and could not be divided in this way. Another option is a U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran's VA disability benefits to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue related to this topic is how the disability benefits are interpreted in the context of child support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. Certain states employ different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then adds the disability benefits to take into the fact that they are tax-free.

Additionally, sycw1388.co.kr it is essential for veterans to understand how their disability benefits will be affected if they get divorced and how their spouses' ex-spouses could be able to garnish their compensation. By being aware of these issues, veterans can protect their income as well as avoid unintended consequences.