How a glencoe veterans disability attorney Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled because of his time in the military. He is able to receive a monthly pension from the Department of Veterans Affairs.

He wants to know how the verdict of a jury will affect his VA benefits. The answer is not. It will, however, affect the income sources of his other income sources.

Can I claim compensation in the event of an accident?

If you've served in the military, and are permanently disabled as a result of injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement could help you get compensation for medical bills, lost wages and other costs resulting from your injury or illness. The type of settlement that you could receive will depend on whether or not your injury or illness is service-connected, what VA benefits you are eligible 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 based on two years of service in the Vietnam War. He does not have enough work space to qualify for Social Security Disability benefits, but he has the VA Pension, which provides cash and medical care for free according to his financial need. He wants to know if a personal injury settlement will affect his ability to be eligible for 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 time period rather than in a single payment and the amount received by the defendant is calculated to offset any 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 remain after the period of twelve months after the settlement is annually recalculated, Jim could apply again for the Pension benefit but only if his assets are below a threshold that the VA determines to be a financial need.

Do I really need to hire an Attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on financial issues in a divorce case. Some people believe, among other things that the Department of Veterans Affairs compensation payments can be split like the military retirement in a divorce case or that they're "off limits" when calculating child support and Alimony. These misconceptions can lead to serious financial mistakes.

While it is possible to do an initial claim for disability benefits by yourself, the majority of disabled New paltz Veterans disability law Firm get the help of a qualified attorney. A veteran's disability attorney will review your medical records to gather the necessary evidence to prove your case to the VA. The lawyer can also help to make any appeals you need to get the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from the payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will be paid should be clearly stated in your fee agreement. A fee agreement could state, for example, that the government would provide the attorney with 20 percent of retroactive benefits. The attorney is responsible for any additional sums.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA it is in the form of monthly payments. The payments are meant to alleviate some of the effects of disabilities, diseases or injuries that are sustained or aggravated due to a veteran's military service. As with all income, veterans disability benefits could be subject to garnishment.

Garnishment is a legal procedure that permits a court to require an employer or government agency to take money from the wages of a person who is in debt and to send them directly to a creditor. In the event of divorce, garnishment can be used to pay spousal support or child support.

However, there are some situations in which a veteran's disability benefits are able to be repaid. The most common scenario is veterans who have waived their 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 instances the benefits of a veteran can be seized to pay medical expenses or past due federal student loans. In these situations, a court may be able to direct the case to the VA to get the required information. It is crucial for disabled veterans to find a competent attorney to ensure that their disability benefits are not being snatched away. This will prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major help for veterans and their families, but they do come with their own set of complications. If a veteran is divorced and receives a VA settlement then they must be aware of the implications to their benefits.

In this regard one of the major issues is whether disability benefits are considered assets that can be divided during a divorce. This issue has been settled in a couple of ways. One method is a Colorado court of appeals decision which concluded that VA disability payments are not property and can't be divided as such. Another way is through the U.S. Supreme Court ruling in Howell which held that garnishing the veteran's VA disability payments to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this issue is the treatment of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. Some states have a different approach. Colorado for instance adds all sources of income together to determine the amount needed to support a spouse. The state then adds disability income in order to take into account their tax-free status.

Finally, it is important for veterans to know how their disability benefits will be affected if they are divorced and how their ex-spouses can take advantage of their benefits. If they are aware of these issues, veterans can protect their income and avoid unwanted consequences.