How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled as a result of his military service. He receives a monthly Pension benefit 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 sources of income.

Can I get compensation in the event of an accident?

If you've been in the military and are now permanently disabled due to injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement will pay you for medical expenses, lost income and other expenses resulting from your illness or injury. The type of settlement you are eligible for will depend on whether or not your illness or injury is service-related, what VA benefits you qualify for, and the cost to treat your accident or injury.

Jim who is a 58-year veteran of Vietnam was diagnosed with permanent disabilities due to his two years of service. He hasn't got enough work space to qualify for Social Security disability benefits but He does have a VA Pension benefit that offers cash and free medical assistance based on financial need. He wants to be aware of whether a personal injury settlement could affect his ability to get this benefit.

The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements are those that are made over a long period of time rather than as a single payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum settlement will affect any existing VA benefits because the VA will annually calculate and consider it income. In any event, if extra assets remain after the period of twelve months when the settlement is annualized, Jim could apply again for the pension benefit, but only if his assets fall lower than a threshold with which the VA agrees establishes financial need.

Do I need to hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its impact on financial issues in divorce cases. Some people think that the Department of Veterans Affairs' compensation payments can be divided as a military pension in divorce or are "off limits" in calculation of child support and alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

It is possible to submit an application for disability benefits yourself however, the majority of disabled veterans will require the help of a professional lawyer. A veteran's disability lawyer who is experienced can examine your medical records and gather all the necessary evidence to make a convincing case at the VA. The lawyer can also file any appeals that you might need to receive the benefits you deserve.

Moreover, most VA disability lawyers do not charge fees for consultations. Additionally that the lawyer will normally be paid by the government directly out of your award of retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly define the percentage of retroactive benefits that will be paid to your lawyer. For example your fee agreement may specify that the government will pay the lawyer up to 20% of the retroactive benefits or award. You are 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 sustained or aggravated during a veteran's service. As with all income, benefits for sandersville Veterans Disability lawyer with disabilities are subject to garnishment.

Garnishment is a court-ordered procedure that an employer or government agency stop funds from the paycheck of a person who has a debt and send it directly to a creditor. In the case of divorce, garnishment can be used to pay for spousal support or child support.

There are certain situations where a veteran's benefits can be encashable. The most frequent scenario involves a veteran who waived their military retirement to get disability compensation. In these situations the pension portion that is devoted to disability benefits can be garnished in order to cover the obligations of family support.

In other instances it is possible for a veteran's benefits to be withdrawn to cover medical expenses or past-due federal student loans. In these instances the court could go directly to the VA to obtain the information they need. A disabled veteran should seek out an experienced attorney to secure their disability benefits. This will help them avoid having to depend on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous benefit for lowell veterans disability attorney and their families, however they come with their own set of issues. For example the case where a veteran is divorced and is awarded an VA disability settlement, they need to know what effect this will have on their benefits.

A major issue in this regard is whether disability payments are considered to be divisible assets in a divorce. This question has been resolved in two ways. One way is by a Colorado court of appeals decision, which found that VA disability payments are not property and therefore cannot be divided in this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments to pay alimony was a violation of USFSPA.

Another concern that is related to this issue is how disability benefits are interpreted for kingsburg Veterans disability Lawsuit purposes of child maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from counting disability benefits as income. Certain states take a different approach. Colorado, for example, takes all income sources together to determine the amount required to provide for nashville veterans disability lawyer a spouse. Colorado then adds disability payments in order to account for their tax-free status.

It is also important for augusta veterans disability lawyer to know how their disability benefits will be affected if they become divorced and how their ex-spouses can garnish their compensation. If they are aware of these issues, veterans can safeguard their earnings and avoid any unwanted consequences.