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 from the Department of Veterans Affairs.

He would like to know how the verdict of a jury will impact his VA benefits. The answer is not. However, it will affect his other income sources.

Can I get compensation for an accident?

If you've served in the military and are permanently disabled due to injuries or illnesses, Vimeo you may be eligible for a veterans disability settlement. This settlement will help pay you for vimeo medical bills, lost income, and other expenses that resulted from your illness or injury. The type of settlement you'll be able to receive depends on whether your health condition is non-service connected, the VA benefits you qualify for, and the amount your injury or accident will cost to treat.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He does not have enough work space to be eligible for Social Security disability benefits but he does have a VA Pension benefit, Vimeo which offers cash and free medical assistance in accordance with financial need. He would like to find out if a personal injury settlement will affect his ability to receive this benefit.

The answer will depend on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are settlements that are paid over a long period of time rather than as a single payment and the amount paid by the defendant is used 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 to be income. If Jim has surplus assets after the settlement has been annualized the applicant can apply again to be eligible for the pension benefit. However the assets he has to be below a minimum threshold that the VA has set to establish financial necessity.

Do I Need to Hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its impact on financial issues in a divorce case. Some people believe that the Department of liberal veterans disability lawsuit Affairs' compensation payments are able to be divided like a military pension in divorce or are "off limits" when it comes to calculation of child support and alimony. These misconceptions can result in financial mistakes that can have grave consequences.

While it is possible to file an initial claim for disability benefits on your own, many disabled veterans require the assistance of a professional lawyer. A veteran's disability attorney can examine your medical records to gather the necessary evidence to prove your case to the VA. The lawyer can also file any appeals you may require to get the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. Additionally that the lawyer will normally be paid by the government directly from your award of retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should specify clearly the amount of retroactive benefits to be paid to your lawyer. For example the fee agreement could specify that the government will pay the lawyer up to 20% of the retroactive benefits or give. Any additional amounts will be your responsibility.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The payments are meant to offset some of the effects of disabilities, diseases or injuries sustained or aggravated due to a veteran's military service. The benefits for waco veterans disability attorney with disabilities are subject to garnishment, as is any other income.

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

There are a few situations where disability benefits may be garnished. The most common scenario is veterans who have waived their military retirement in order to receive disability compensation. In these instances, the amount of pension apportioned to disability pay may be garnished for family support obligations.

In other circumstances, veteran’s benefits can also be garnished to pay medical expenses or federal student loans that are past due. In these instances the court may be able to the VA to get the required information. It is important for disabled veterans to find a competent lawyer to ensure that their disability benefits aren't garnished. This will prevent them from having to depend on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big aid to veterans and their families, however they come with their own set of issues. If a person divorces and receives a VA settlement, he or she should be aware of the implications to their benefits.

One of the major issues in this regard is whether or not disability payments are considered to be divisible assets in a divorce. This issue has been settled in a variety of ways. A Colorado court of appeals ruling determined that VA disability payments were not property and therefore could not be divided this way. Another option is a U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability benefits to pay alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern that is related to this topic is how the disability benefits are treated in the context of child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. Certain states use a different approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse will need and then adds disability payments to take account that they are tax-free.

It is also crucial that veterans are aware of how divorce affects their disability compensation and how their spouses who divorced could take advantage of their compensation. By being knowledgeable about these issues, veterans can safeguard their benefits and avoid unwanted consequences.