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 receives a monthly Pension benefit from the Department of derby veterans disability law firm Affairs.

He wants to know if a jury award will affect his VA benefits. The answer is that it will not. It will, however, have an impact on the other sources of income he earns.

Do I have the right to receive compensation in the event of an accident?

If you've been in the military and are now permanently disabled as a result of 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 costs that resulted from your illness or injury. The type of settlement that you are eligible for will depend on whether your illness or injury is a result of a service connection, the VA benefits you qualify for, and the amount you will need to treat your accident or injury.

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 isn't in a position to have enough work space to qualify for Social Security Disability benefits, however, he does have an VA Pension that offers free medical treatment and cash dependent on the amount of money he needs. He wants to be aware of how a personal injury lawsuit will affect his ability to benefit from this benefit.

The answer will depend on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are based on installments over time rather than a single payment. The amount that defendant pays is calculated to offset existing VA benefits. A lump sum settlement can impact any existing VA benefits because the VA will annually evaluate and consider it to be income. If Jim has assets that are not used up after the settlement has been annualized then he is eligible to be eligible for the pension benefit. However the assets must be less than a certain threshold that the VA has set that establishes financial necessity.

Do I require an Attorney?

Many spouses, service members, and former spouses are concerned about VA disability benefits and their impact on financial issues in divorce. There are many other reasons, but some people believe that the Department of Veterans Affairs' compensation payments can be divided like a military pension divorce or are "off limits" in calculation of child support and alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

While it is possible to submit an initial claim for disability benefits on your own, most disabled veterans get the assistance of an experienced attorney. A veteran's disability lawyer can look over your medical records and gather the evidence needed to present a convincing case to the VA. The lawyer can also file any appeals that you might need to get the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from your benefit of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will receive should be outlined in your fee agreement. For example your fee agreement may provide that the government can pay the attorney up to 20% of retroactive benefits or give. Any additional amounts will be your responsibility.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA it is received in the form of monthly payments. The purpose of the payments is to offset some of the effects of disability, illness or injuries sustained or aggravated due to a veteran's military service. The benefits for veterans with disabilities are subject to garnishment, like any other income.

Garnishment is a court-ordered procedure that an employer or government agency withhold money from the wages of a person who owes an obligation and pay it directly to the creditor. In the event of divorce, the garnishment could be used for child or spousal maintenance.

There are a few situations in which veterans' benefits could be garnished. The most frequent scenario involves those who have renounced their military retirement in order to receive disability compensation. In these cases the amount of pension allocated to disability payments can be garnished for family support obligations.

In other cases, a veteran’s benefits can also be seized in order to pay for medical expenses or federal student loans that are over due. In these situations, a court may be able to go straight to the VA to get the required information. It is crucial for disabled Carmi Veterans Disability Attorney to hire a knowledgeable lawyer to ensure that their disability benefits aren't removed. This can prevent them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major benefit for atwater veterans disability attorney and their families, however they don't come without their own set of issues. For example the case where a veteran is divorced and receives an VA disability settlement, they should be aware of what effect this will have on their benefits.

In this regard one of the major issues is whether or not disability benefits are considered assets that can be split in a divorce. This issue has been settled in a couple of ways. One way is by the Colorado court of appeals ruling that concluded that VA disability payments are not property, and therefore cannot be divided in this way. Another way is through a U.S. Supreme Court ruling in Howell that held 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 with this topic is the treatment of disability benefits to children for maintenance and support. Both the USFSPA, and the Supreme Court, prohibit states from claiming disability benefits as income. Some states have different methods. For instance, Colorado adds up all sources of income to determine the amount in support a spouse will need and then adds up the disability benefits to take into the fact that they are tax-free.

It is also crucial that veterans understand how divorce affects their disability benefits and how ex-spouses could take advantage of their compensation. If they are aware of these issues, veterans can protect their compensation and avoid unintended consequences.