How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man, is permanently disabled as a result of his military service. He gets a monthly pension from the Department of downers grove veterans disability attorney Affairs.

He wants to be aware of whether a verdict by a jury will affect his VA benefits. It won't. But it will have some impact on his other sources of income.

Can I claim compensation for an accident?

You may be eligible for a settlement in the event that you were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement can help you get compensation for medical bills, lost wages, and other expenses that result from your illness or injury. The type of settlement you can get depends on whether or not your condition is service-connected or non-service connected, what VA benefits you are eligible for, and how much your accident or injury will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He isn't in a position to have enough work space to qualify for Social Security Disability benefits, however, he does have a VA Pension that provides free medical treatment and cash based on his financial need. He wants to learn how a personal injuries settlement will affect his eligibility to receive this benefit.

The answer is contingent upon whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are payments made over a time frame rather than as a single payment and the amount paid by the defendant is used to offset any existing VA benefits. However, a lump sum settlement will probably impact any benefits already in place because the VA considers it a tax-deductible income and will annually increase it. In any case, if there are excess assets remain after the 12 month period after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit but only if his assets are lower than a threshold with which the VA agrees establishes financial need.

Do I require an attorney?

Many spouses, members of the military and former spouses have concerns about VA disability benefits and their effect on financial issues during divorce. In addition, some people think that the Department of harrisonville veterans disability lawsuit Affairs' compensation payments can be split as a military pension in divorce or are "off limits" in the calculation of child support and Alimony. These misconceptions can result in financial mistakes that have serious consequences.

It is possible to submit a claim for disability benefits on your own however, the majority of disabled depew veterans disability lawsuit would benefit from the assistance from a competent lawyer. A skilled veteran's disability lawyer can review your medical documents and gather the required evidence needed to build a strong case at the VA. The lawyer will also be able to submit any appeals you require to obtain the benefits you're entitled to.

The majority of VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from the payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly state the amount of retroactive benefits that will be paid to your lawyer. For example, a fee agreement can stipulate that the government will pay the attorney up to 20% of the retroactive benefits or award. The attorney is responsible for any additional amount.

Can I Garnish My VA Benefits?

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

Garnishment lets a court order that an employer or government agency withhold money from the wages of a person who is in the process of paying the debt and pay it directly to a creditor. In the event of divorce, the garnishment could be used for child or spousal support.

However, there are certain situations in which a veteran's disability benefits could be garnished. The most common situation involves a veteran who waived their military retirement to get disability compensation. In these cases the amount of pension that is attributed to disability benefits may be garnished for family support obligations.

In other instances, a veteran's benefits could be seized in order to cover medical expenses or federal student loans that are past due. In these instances a court may be able to the VA to get the required information. It is crucial for disabled veterans to hire a knowledgeable attorney to ensure that their disability benefits are not being snatched away. 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 a big benefit for veterans and their families, however they don't come without their own set-of complications. If a veteran is divorced and receives an VA settlement then they must be aware of the impact this could have to the benefits they receive.

In this context one of the major issues is whether or not disability payments are considered to be assets that could be divided in divorce. This issue has been settled in a variety of ways. One way is by an Colorado court of appeals decision, which found that VA disability payments are not property, and therefore cannot be divided in this way. Another way is through the U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran's VA disability benefits to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this subject is the treatment of disability benefits for child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. Certain states employ different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then adds the disability benefits to take into account that they are tax-free.

It is also vital to know how divorce affects their disability compensation and how their spouses who divorced could slash their benefits. By being aware of these issues, vets can protect their income and avoid any unintended consequences.