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 find out if a verdict from a jury will affect his VA benefits. It won't. However, it will have an impact on the other sources of income he earns.

Can I claim compensation in the event of an accident?

If you've been in the military, and are permanently disabled due to injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can help compensate you for medical bills, lost income and other expenses that resulted from your injury or sickness. The type of settlement you can receive will depend on whether your condition is service-connected or not connected, which VA benefits you are eligible for, and the amount your accident or injury will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He isn't in a position to have enough work space to qualify for Social Security Disability benefits, but he has the VA Pension which offers free medical care and cash according to his financial need. He would like to learn how a personal injuries settlement can affect his ability to benefit from 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 payments made over a period of time rather than in a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum payout is likely to affect any existing benefits because the VA considers it income and will annualize it. In the event that there are any excess assets are left over after the twelve-month period when the settlement is annualized Jim could apply again for the Pension benefit but only if his assets fall less than a minimum threshold that the VA is able to agree establishes financial need.

Do I really need to hire an attorney?

Many spouses, members of the military, and former spouses have concerns about VA disability payments and their impact on financial issues in divorce. Some people think, for instance, that Department of altoona Veterans disability attorney Affairs compensation payments are split like a military retirement in divorce cases or that they're "off limits" in calculating child support and alimony. These misconceptions could lead to grave financial errors.

It is possible to submit an application for disability benefits yourself however, the majority of disabled veterans would require the help of a professional lawyer. A disability attorney for shillington veterans disability attorney can examine your medical records in order to gather the necessary evidence to make a strong case before the VA. The lawyer will also be able to make any appeals you require to receive the benefits you are entitled to.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. Additionally the lawyer will usually be paid by the government directly from your retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly define the amount of retroactive benefits to be paid to your lawyer. A fee agreement could stipulate, for example, that the government will provide the attorney with 20 percent of retroactive benefits. You will be accountable for any additional costs.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. The funds are meant to offset the effects of injuries, diseases or disabilities that were sustained or aggravated by a veteran's time of service. Like all income, the benefits for yonkers veterans disability attorney with disabilities are subject to garnishment.

Garnishment is a legal process which allows a court require an employer or government agency to withhold funds from the paycheck of a person who owes money and send them directly to the creditor. In the event of divorce, the garnishment could be used for child or spousal maintenance.

There are some situations where the benefits of a veteran could be garnished. Most common is the veteran who renounced his military retirement to receive disability compensation. In these situations, the portion of pension that is allocated to disability compensation can be garnished to cover the obligations of family support.

In other circumstances, a veteran's benefits can be garnished to pay for medical expenses or past-due federal student loans. In these instances the court can go directly to the VA for the information they require. A disabled veteran should employ an experienced attorney to protect their disability benefits. This can help them avoid having to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous aid to veterans and their families, but they're not without their own set of challenges. If a veteran divorces and receives an VA settlement then they must know what this will do to the benefits they receive.

In this context, a major question is whether disability payments count as assets which can be divided in divorce. The issue has been resolved in a variety of ways. One is through a Colorado court of appeals decision which concluded that VA disability payments are not property and cannot be divided as such. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments to pay Alimony was against the USFSPA.

Another concern related to this topic is the treatment of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. Certain states take different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then adds the disability payments to take into the fact that they are tax-free.

Additionally, it is essential for veterans to understand how their disability benefits will be affected if they are divorced and how their spouses' ex-spouses could garnish their compensation. By being knowledgeable about these questions, veterans can guard their earnings and avoid any unwanted consequences.