How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled as a result of his service in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to know if the verdict of a jury will impact his VA benefits. It will not. It will, however, have an impact on the income sources of his other income sources.

Can I get compensation for an Accident?

You could be eligible to receive a settlement if you were a soldier but are now permanently disabled as a result of injuries or veterans disability compensation illnesses. This settlement will help pay you for medical expenses, lost income and other expenses that resulted from your illness or injury. The type of settlement you could receive will depend on whether your injury or illness is service-connected, what VA benefits you are eligible for, as well as the cost to treat your injury or accident.

Jim, a 58 year veteran of Vietnam, was diagnosed as having permanent disabilities as a result of his two years of service. He does not have enough work space to be eligible for Social Security disability benefits but there is a VA Pension benefit which provides cash and free medical assistance based on financial need. He wants to be aware of whether a personal injury settlement would affect his eligibility to be eligible for this benefit.

The answer will depend on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements involve installments over time rather than one single payment. The amount paid by the defendant is calculated to offset existing VA benefits. However, a lump sum payment will likely impact any benefits already in place because the VA considers it a tax-deductible income and will annually increase it. If Jim has assets that are not used up after the settlement is annualized and he wants to reapply, he will 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, members of the military and former spouses have questions about VA disability benefits and their effect on financial issues during a divorce. There are many other reasons, but some people believe that the Department of veterans disability attorney disability compensation (click through the up coming page) Affairs' compensation payments can be divided like a military pension in a divorce or that they are "off limits" in the calculation of child support and Alimony. These misconceptions may lead to serious financial mistakes.

It is possible to file an application for disability benefits by yourself, but most disabled veterans will benefit from the assistance from a competent lawyer. A disability attorney for veterans disability compensation can examine your medical records to gather the evidence needed to make a strong case in front of the VA. The lawyer will also be able to make any appeals you require to obtain the benefits you are entitled to.

In addition, the majority of VA disability lawyers charge no fees for consultations. Additionally the lawyer will usually be paid by the government directly from your retroactive past-due 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 clearly stated in your fee agreement. A fee agreement could say for instance that the government will pay the attorney 20% of retroactive benefits. You will be accountable for any additional sums.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans disability lawsuit. The purpose of the payments is to offset the effects of injuries, diseases or disabilities sustained or worsened during the veteran's time of service. As with all income, veterans disability litigation disability benefits could be subject to garnishment.

Garnishment is a legal action that allows a court to order an employer or government agency to withhold funds from the wages of a person who owes money, Veterans Disability Compensation and then send them directly to the creditor. In the event of a divorce the garnishment could be used for child or spousal care.

However, there are certain situations in which a veteran's disability benefits could be refunded. Most often, it is the case of a veteran who has waived his military retirement to receive disability compensation. In these cases the amount of pension that is devoted to disability payments can be garnished in order to fulfill the family support obligations.

In other circumstances it is possible for a veteran's benefits to be withdrawn to cover medical expenses or past due federal student loans. In these situations, a court can go directly to the VA for the information they need. It is vital for disabled veterans to hire a knowledgeable lawyer to ensure that their disability benefits are not taken away. This will help them avoid being forced to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent help to veterans and their families. However they also come with their own set of complications. For example the case where a veteran is divorced and is awarded a VA disability settlement, they should know how this will affect the benefits they receive.

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

Another issue that is related to this topic is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. However, certain states have chosen to take a different approach. Colorado is one example. It takes all income sources together to determine the amount needed to support a spouse. The state then adds disability benefits in order to take into account their tax-free status.

It is also important that veterans know how divorce will affect their disability benefits and how their ex spouses could take advantage of their compensation. By being aware of these issues, vets can ensure their compensation as well as avoid unintended consequences.