How a veterans disability law Disability Settlement Can Affect a Divorce Case

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

He would like to be aware of whether a verdict by a jury will affect his VA benefits. It won't. However, it will have an impact on his other sources of income.

Can I get compensation in the event of an accident?

If you've served in the military, and are permanently disabled because of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can help you receive compensation for your medical bills, lost wages, and other expenses related to your illness or injury. The kind of settlement you'll be able to receive will depend on whether your medical condition is service-connected, or not connected, which VA benefits you qualify for, as well as the amount your injury or accident will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He doesn't have enough work quarters to be eligible for Social Security disability benefits but he does have a VA Pension benefit which provides cash and free medical assistance in accordance with financial need. He wants to understand how a personal injuries settlement can 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 require payments over time, rather than one single payment. The amount paid by the defendant is calculated to offset the existing VA benefits. However, a lump sum payment will likely affect existing benefits since the VA considers it income and will annualize it. If Jim has excess assets after the settlement is annually adjusted and he wants to reapply, he will be eligible for the pension benefit. However the assets he has to be below a threshold the VA has set that establishes financial necessity.

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 during a divorce. Among other things, some people think that the Department of veterans Disability attorney (Www.kenpoguy.com) Affairs' compensation payments are able to be divided like a military pension a divorce or that they are "off limits" in the calculation of child support and Veterans Disability Attorney Alimony. These misconceptions can lead to serious financial errors.

It is possible to submit a claim for disability benefits yourself However, most disabled veterans disability legal will require the help of a qualified lawyer. A disability attorney for veterans can examine your medical records in order to gather the necessary evidence to make a strong case in front of the VA. The lawyer can also file any appeals you might need to receive the benefits you deserve.

Most VA disability lawyers do not 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 fee agreement should clearly define the amount of retroactive benefits to be paid to your lawyer. A fee agreement could stipulate that, for example, the government will pay the attorney 20% of retroactive benefits. You will be responsible for any additional sums.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA it is received 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 benefits for veterans with disabilities are subject to garnishment, just like other incomes.

Garnishment lets a court order that an employer or a government agency withhold money from the pay of an individual who owes a debt and send it directly to a creditor. In the event of a divorce, garnishment could be used to pay for spousal support or child support.

There are situations where the benefits of a veteran can be garnished. The most common scenario is veterans who have waived their military retirement to receive disability compensation. In these cases the part of pension that is devoted to disability benefits can be garnished in order to fulfill the family support obligations.

In other cases, a veteran's benefit may be seized to pay medical bills or federal student loans that are past due. In these situations the court may be able to go straight to the VA to get the required information. It is vital for disabled veterans disability legal to hire a knowledgeable attorney to ensure that their disability benefits aren't garnished. 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 huge benefit for veterans and their families, however they don't come without their own set of complications. For example in the event that a veteran gets divorced and receives a VA disability settlement, they should be aware of how this could affect their benefits.

One of the major issues in this context is whether or not the disability payments count as divisible assets in divorce. The issue has been resolved in a couple of ways. One way is by a Colorado court of appeals decision which concluded that VA disability payments are not property and therefore cannot be divided as such. The other way is by the U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran's VA disability payments to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this subject 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. However, some states have taken different approaches. Colorado for instance takes all income sources together to determine the amount needed to provide for a spouse. Colorado then adds disability benefits to account for their tax-free status.

Finally, it is important for veterans to be aware of how their disability benefits will be affected if they get divorced and how their ex-spouses may take advantage of their benefits. By being aware of these issues, veterans disability claim can protect their income as well as avoid any unintended consequences.