How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled from his time in the military. He receives a monthly pension benefit from the Department of collingswood veterans disability law firm Affairs.

He wants to know if a jury verdict will impact his VA benefits. It won't. But it will have some impact on the other sources of income he has.

Can I Receive Compensation for an Accident?

If you have served in the military and are 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 you can receive will depend on whether or not your illness or injury is related to service, what VA benefits you qualify for, and the amount you will need to treat your injury or accident.

Jim, a 58-year veteran of the Vietnam war was diagnosed with permanent disabilities due to his two years of service. He does not have enough working space to qualify for Social Security disability benefits but the VA Pension benefit, which offers cash and free medical care in accordance with financial need. He wants to know how a personal injury settlement can affect his ability to receive this benefit.

The answer is contingent upon whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements consist of payments over a period of time instead of a single payment. The amount paid by the defendant is calculated to offset existing VA benefits. In contrast, a lump sum payout is likely to affect existing benefits since the VA considers it as income and will increase it. In any event, if extra assets remain after the 12 month period when the settlement is annualized Jim may be eligible to apply again for the pension benefit, but only if his assets are below a threshold that the VA agrees establishes financial need.

Do I require an attorney?

Many spouses, members of the military, and former spouses have questions about VA disability benefits and their impact on financial issues during a divorce. Some people think, for instance, that the Department of Veterans Affairs compensation payments can be split like an army retirement in divorce proceedings or that they're "off limits" when calculating child support and Alimony. These misconceptions could lead to financial mistakes that have serious consequences.

While it is possible to file an initial claim for Montvale Veterans Disability Lawsuit disability benefits on your own, the majority of disabled azusa veterans disability Lawsuit (vimeo.com) benefit from the assistance of a professional lawyer. A veteran's disability lawyer can look over your medical records and gather the evidence needed to prove your case to the VA. The lawyer can also file any appeals that you may need in order to receive the benefits you deserve.

The majority of VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from the amount 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. For instance your fee agreement may stipulate that the government will pay the attorney up to 20% of retroactive benefits or award. Any additional amounts will be your to pay.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA it is in the form of monthly payments. The funds are intended to help offset the effects of disabilities, diseases, or injuries sustained during or olney veterans disability attorney aggravated by a veteran's military service. Like all income, the benefits for veterans with disabilities are subject to garnishment.

Garnishment can be a legal proceeding that allows a judge to make an order to an employer or government agency to omit funds from the pay of someone who owes money, and then send them directly to an individual creditor. In the case of divorce, garnishment could be used to pay for spousal support or child support.

There are some situations where the benefits of a veteran could be repaid. Most common is the veteran who has renounced his retirement from the military in order to receive disability compensation. In these cases the amount of pension that is attributed to disability benefits could be garnished to meet family support obligations.

In other instances, a veteran's benefits can be withdrawn to cover medical expenses or past-due federal student loans. In these instances the court could go directly to the VA to obtain the information they need. It is essential for disabled veterans to work with a reputable attorney to ensure that their disability benefits aren't taken away. This will allow them to avoid being forced to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans as well as their families. However they do come with their own set complications. If a veteran is divorced and receives a VA settlement and is eligible, they should be aware of what this might do to the benefits they receive.

One of the major issues in this context is whether or not the disability payments are considered to be divisible assets in divorce. This question has been addressed in two ways. A Colorado court of appeals ruling determined that VA disability payments were not property and therefore could not be divided in this manner. The other way is by a U.S. Supreme Court ruling in Howell which held that garnishing a veteran's VA disability payments to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this issue is the handling of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. Some states have different methods. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds the disability benefits to take into account that they are tax-free.

Finally, it is important for veterans to understand how their disability benefits will be affected if they get divorced and how their ex-spouses may affect their compensation. By knowing about these issues, veterans can protect their benefits and avoid unintended consequences.