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 from the Department of chillicothe veterans disability lawyer Affairs.

He would like to know if a verdict of a juror will affect his VA benefits. It will not. However, it will affect his other sources of income.

Do I have the right to receive compensation in the event of an accident?

You could be eligible for a settlement if you were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement can help compensate you for vimeo medical bills, lost income, and other expenses resulting from your injury or sickness. The type of settlement you will receive will depend on whether your illness or injury is a result of a service connection, the VA benefits you qualify for, as well as the cost to treat your injury or accident.

Jim, a 58 year old Vietnam veteran, was diagnosed as having permanent disabilities as a result of his two years of service. He doesn't have enough work quarters to be eligible for Social Security disability benefits but there is a VA Pension benefit that offers cash and medical treatment for free in accordance with financial need. He would like to know if a personal injury settlement will affect his ability to be eligible for this benefit.

The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are based on installments over time rather than one payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum settlement will probably 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 are left over after the twelve-month period after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit, but only if his assets are below a certain threshold that the VA is able to agree establishes financial need.

Do I need to hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of divorce cases. Some people believe, among other things, that the Department of upper saddle river veterans disability lawsuit Affairs compensation payments can be split as an army retirement in divorce cases or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions may lead to serious financial mistakes.

It is possible to submit an application for disability benefits on your own, but most disabled veterans will benefit from the assistance of a skilled lawyer. A veteran's disability lawyer can review your medical records to gather the necessary evidence to make a strong case before the VA. The lawyer can also help to file any appeals you may need to get the benefits you're entitled.

In addition, the majority of VA disability lawyers don't charge fees for consultations. The government also pays the lawyer directly from your amount of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should specify clearly the proportion of retroactive benefits to be paid to your lawyer. A fee agreement may stipulate, for example, that the government would pay the attorney 20% of retroactive benefits. Any additional amounts are your obligation.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA it is in the form of monthly payments. The funds are intended to offset some of the effects of disability, illness or injuries that are sustained or aggravated due to a veteran's military service. Like all incomes, benefits for veterans with disabilities are subject to garnishment.

Garnishment allows a court order that an employer or government agency stop cash from the pay of a person who has a debt and send it directly to a creditor. In the case of divorce, garnishment may be used to pay spousal support or child support.

However, there are some circumstances where a veteran's disability benefits could be refunded. The most frequent is the veteran who has waived his retirement from the military in order to receive disability compensation. In these cases, the portion of the pension that is allocated to disability pay can be garnished for family support obligations.

In other circumstances the benefits of a veteran can be withdrawn to cover medical expenses or past due federal student loans. In these cases the court may be able to directly to the VA to get the required information. The disabled veteran should consult an experienced attorney to safeguard their disability benefits. This can prevent them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous assistance to veterans and their families, but they don't come without their own set of complications. 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 regard one of the major issues is whether disability payments are considered to be assets that could be divided in divorce. This question has been addressed in two ways. A Colorado court of appeals ruling declared that VA disability payments were not property and could not be divided this manner. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments for alimony was a violation of USFSPA.

Another concern relating to this topic is the treatment of disability benefits for child maintenance and support. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. However, vimeo certain states have taken a different approach. Colorado for instance, adds all income sources together to determine the amount needed to support a spouse and then adds disability benefits in order to account for their tax-free status.

Finally, it is important for veterans to understand how their disability benefits will be affected if they become divorced and how their ex-spouses may be able to garnish their compensation. If they are aware of these issues, veterans can ensure the security of their earnings and avoid any unwanted consequences.