How a Veterans 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 marion Veterans disability attorney Affairs.

He would like to know if a jury verdict will affect his VA benefits. The answer is that it will not. However, it will have an impact on the income sources of his other income sources.

Can I get compensation for an accident?

If you've been in the military and are now permanently disabled because of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will pay you for medical bills, lost income, and other expenses resulting 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, the VA benefits you are eligible for, as well as the amount your injury or accident will cost to treat.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He doesn't have enough work quarters to be eligible for Social Security disability benefits but there is a VA Pension benefit that provides cash and free medical assistance based on financial need. He wants to determine if a personal accident settlement will affect his ability to get this benefit.

The answer will depend on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are based on payments over a period of time, rather than one payment. The amount that defendant pays is calculated to offset existing VA benefits. However, a lump sum payment will likely affect any existing benefits because the VA considers it income and will annualize it. If Jim has excess assets after the settlement is annually adjusted then he is eligible to receive the Pension benefit. However, his assets must be below a minimum threshold that the VA has set to establish financial necessity.

Do I need to hire an Attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of divorce cases. There are many other reasons, but some people believe that the Department of Veterans Affairs' compensation payments can be split like a military pension in divorce or are "off limits" in calculation of child support and alimony. These misconceptions may lead to serious financial errors.

While it is possible to file an initial claim for disability benefits on your own, many disabled veterans get the assistance of a professional lawyer. A veteran's disability lawyer who is experienced can review your medical documents and gather the required evidence to make a convincing case at the VA. The lawyer can also help to file any appeals you may require to receive the benefits you're entitled to.

The majority of VA disability lawyers don't charge for consultations. In addition, the lawyer will generally be paid by the government directly from your retroactive past due 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 outlined in your fee agreement. A fee agreement may stipulate, for example, that the government will provide the attorney with 20 percent of retroactive benefits. Any additional amounts will be your to pay.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA the compensation is paid in the form of monthly payments. The payments are intended to offset the effects of injuries, illnesses or disabilities that have been sustained or aggravated during the course of a veteran's service. The veterans disability benefits are subject to garnishment just like other incomes.

Garnishment is a legal action that allows a court to require an employer or government agency to withhold funds from the wages of a person who owes money and transfer them directly to the creditor. In the event of a divorce, garnishment may be used to pay spousal maintenance or child support.

However, there are some circumstances where a veteran's disability benefits are able to be refunded. The most common scenario involves edinboro veterans disability lawsuit who have waived their military retirement to get disability compensation. In these situations, the amount of pension apportioned to disability pay may be garnished for family support obligations.

In other instances, a veteran's benefits could be garnished in order to pay medical expenses or federal student loans that are over due. In these situations the court may be able to go straight to the VA to get the required information. The disabled veteran should consult an experienced attorney to secure their disability benefits. This will prevent them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major benefit for veterans and their families, but they come with their own set of issues. If a veteran is divorced and receives a VA settlement and is eligible, they should know what this will do to the benefits they receive.

A major issue in this context is whether or not disability benefits are considered divisible assets in divorce. This issue has been addressed in a couple of ways. A Colorado court of appeals decision decided that VA disability payments were not property and could not be divided in this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability benefits for an alimony payment was a violation of USFSPA.

Another concern related to this subject is how disability benefits are interpreted for purposes of child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. Some states have different methods. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds the disability payments to take into account that they are tax free.

It is also vital that veterans understand how divorce affects their disability compensation and how their spouses who divorced can slash their income. By being aware of these issues, fergus falls veterans disability lawyer can ensure their compensation and avoid the unintended consequences.