How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled from his time in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to know if a verdict of a juror will impact his VA benefits. The answer is that it will not. However, it could have an impact on the other sources of income he has.

Can I receive compensation for an accident?

You may be eligible for a settlement in the event that you were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement could help you get compensation for medical expenses, lost wages, and other expenses that result from your illness or injury. The kind of settlement you can receive 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 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 quarters to qualify for Social Security disability benefits but there is a VA Pension benefit that offers medical care and cash in accordance with financial need. He wants to be aware of how a personal injury settlement could affect his eligibility to get this benefit.

The answer will depend on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements consist of payments over time, rather than one lump sum payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum payment can impact any existing VA benefits because the VA will annually evaluate and consider it to be income. If Jim has excess assets after the settlement is annually adjusted then he is eligible to be eligible for the pension benefit. However his assets must be below a minimum threshold that the VA has determined to be a financial necessity.

Do I have to hire an attorney?

Many spouses, military personnel, and former spouses have concerns about VA disability benefits and their effect on financial issues during divorce. Some people believe, for instance, that the Department of Veterans Affairs compensation payments can be divided like an army retirement in a divorce case or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions could lead serious financial errors.

It is possible to file an application for disability benefits on your own however, the majority of disabled veterans would benefit from the assistance from a competent lawyer. A disability attorney for beaumont veterans disability law firm can look over your medical records and gather the evidence needed to present a convincing case in front of the VA. The lawyer can also file any appeals you might need to get the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. In addition the lawyer will typically be paid by the government directly out of your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly specify the amount of retroactive benefits to be paid to your lawyer. For example an agreement on fees could stipulate that the government will pay the attorney up to 20% of retroactive benefits or pay. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA, it comes in the form of monthly payments. The funds are intended to compensate for some of the effects of diseases, disabilities, or injuries sustained during or aggravated by the veteran's military service. The benefits for veterans' disability are subject to garnishment, like any other income.

Garnishment is a legal process that allows a judge to decide that an employer or a government agency to omit funds from the pay of someone who owes money and transfer them directly to a creditor. In the event of divorce, garnishment may be used to pay child or spousal maintenance.

There are a few situations in which the benefits of a veteran can be repaid. The most common scenario involves the veteran who has waived their military retirement in order to receive disability compensation. In these cases the pension portion that is devoted to disability pay can also be garnished to fulfill the family support obligations.

In other circumstances, veteran's benefits may also be seized to pay for medical expenses or federal student loans that are past due. In these instances the court might be able to the VA to get the required information. A disabled veteran should hire an experienced attorney to secure their disability benefits. This can help them avoid having to depend on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous aid to veterans and their families. However they do come with their own set of complications. For instance in the event that a veteran gets divorced and is awarded a VA disability settlement, they should know how this could affect their benefits.

A major issue in this context is whether or not disability payments count as divisible assets in a divorce. This question has been resolved in two ways. A Colorado court of appeals decision decided that VA disability payments were not property and could not be divided this manner. The other way is by a U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran's VA disability payments to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this subject is how disability benefits are interpreted for purposes of child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from claiming disability benefits as income. However, some states have adopted an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds the disability payments to take into the fact that they are tax-free.

It is also vital that veterans are aware of how divorce affects their disability benefits and how ex-spouses could slash their benefits. By being knowledgeable about these issues, Clayton Veterans Disability Lawyer can safeguard their benefits and avoid unwanted consequences.