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 a jury verdict will affect his VA benefits. The answer is not. But it will have an impact on his other sources of income.

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

You may be eligible for a settlement if you have served in the military, longview veterans disability law Firm but are now permanently disabled as a result of injuries or illnesses. This settlement can allow you to receive compensation for your medical bills, lost wages and other costs resulting from your illness or injury. The type of settlement you'll receive depends on whether your condition is service-connected or not connected, what VA benefits you are eligible for, as well as the amount your accident or injury will cost to treat.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He does not have enough working space to be eligible for Social Security disability benefits but the VA Pension benefit, which offers cash and free medical assistance that is based on financial need. He wants to know how a personal injury lawsuit will affect his eligibility to receive this benefit.

The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements are those that are made over a period of time rather than a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. However, a lump sum payment will likely affect existing benefits since the VA considers it income and will annualize it. In any case, if there are excess assets are left over after the 12 month period after the settlement is annually recalculated, Jim may be eligible to apply again for the pension benefit, but only if his assets fall lower than a threshold with which the VA agrees establishes financial need.

Do I need to employ an attorney?

Many spouses, members of the military and former spouses are concerned about VA disability benefits and their effect on financial issues in divorce. Some people think, for instance, that Department of blackwell veterans disability lawyer Affairs compensation payments can be split like an army retirement in divorce proceedings or that they're "off limits" in calculating child support and alimony. These misconceptions can lead to financial errors that have serious repercussions.

While it is possible to submit an initial claim for disability benefits on your own, many disabled veterans can benefit from the assistance of a professional lawyer. A veteran's disability attorney will examine your medical records in order to collect the evidence necessary to prove your argument before the VA. The lawyer can also file any appeals you might need to receive the benefits you are entitled to.

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 one of the benefits of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will be paid should be outlined in your fee agreement. A fee agreement could stipulate that, for example, the government would give the attorney up to 20% of retroactive benefits. Any additional amount is your obligation.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA, it comes in the form of monthly payments. The funds are intended to help offset the effects of disability, illness or injuries incurred during or aggravated during a veteran's military service. Like all income, the east stroudsburg veterans disability law firm disability benefits are subject to garnishment.

Garnishment can be a legal proceeding that allows a judge to order an employer or government agency to take money from the wages of a person who owes money, and then send them directly to the creditor. In the event of divorce, garnishment could be used to pay spousal support or child support.

There are a few situations in which a veteran's benefits can be repaid. Most common is the veteran who has renounced his military retirement in order to receive disability compensation. In these instances the portion of the pension that is attributed to disability benefits could be garnished to meet family support obligations.

In other cases, a veteran's benefits may also be seized to pay medical bills or federal student loans that are past due. In these instances the court can go directly to the VA to obtain the information they need. It is essential for a disabled veteran to work with a reputable attorney to ensure that their disability benefits are not being snatched away. This will allow them to avoid having to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans and their families. However they also come with certain complications. For instance when a veteran is divorced and receives a VA disability settlement, they need to know what effect this will have on the benefits they receive.

In this case, the main question is whether disability payments count as assets that could be divided in a divorce. The question has been answered in two ways. A Colorado court of appeals decision found that VA disability payments were not property and therefore could not be divided in this manner. The other way is by an U.S. Supreme Court ruling in Howell that ruled that garnishing a veteran's VA disability payments to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this issue is how disability benefits are treated to determine child maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from counting disability benefits as income. However, some states have adopted different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then adds disability payments to take into the fact that they are tax-free.

Additionally, it is essential that veterans understand how their disability compensation will be affected if they are divorced and how their ex-spouses may be able to garnish their compensation. If they are aware of these questions, longview Veterans disability law firm can guard their benefits and avoid unintended consequences.