How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled because 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 affect his VA benefits. The answer is not. It will, however, have an impact on the income sources of his other income sources.

Do I have the right to receive compensation for an accident?

If you've served in the military, and are permanently disabled because of injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement could help you get compensation for medical expenses, lost wages, and other expenses that result from your illness or injury. The type of settlement you'll receive will depend on whether your health condition is non-service connected, what VA benefits you are eligible for, as well as the amount your accident or injury will cost to treat.

For Yonkers veterans disability lawyer instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He isn't in a position to have enough space for work to qualify for Social Security Disability benefits, however, he does have a VA Pension that provides cash and medical treatment for free based on his financial need. He wants to learn how a personal injury lawsuit will affect his ability to receive this benefit.

The answer will depend on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are the ones that are paid over a time period rather than a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum settlement will affect any existing VA benefits as the VA will annually assess and count it as income. In the event that there are any excess assets are left over after the 12 month period after the settlement is annually recalculated, Jim could reapply for the Pension benefit, but only if his assets are below a certain threshold that the VA is able to agree establishes financial need.

Do I have to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its impact on money issues in divorce cases. Among other things, some people believe that the Department of Cleveland Veterans Disability Lawsuit Affairs' compensation payments can be split like a military pension a divorce or that they are "off limits" in the calculation of child support and alimony. These misconceptions could lead to financial mistakes that can have grave consequences.

It is possible to file a claim for disability benefits on your own however, the majority of disabled veterans will require the help from a competent lawyer. A veteran's disability attorney can look over your medical records and collect the evidence necessary to argue your case in front of the VA. The lawyer can also file any appeals you may require to receive the benefits you are entitled to.

Furthermore, the majority of VA disability lawyers charge no fees for consultations. Additionally the lawyer will typically be paid by the government directly out of the retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly state the amount of retroactive benefits that will be paid to your lawyer. For instance an agreement on fees could stipulate that the government will pay the lawyer up to 20% of the retroactive benefits or pay. You are responsible for any additional amount.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled havre de grace veterans disability law firm. The purpose of the payments is to compensate for some of the consequences of illnesses, disabilities or injuries that are sustained or aggravated during a veteran's military service. The veterans disability benefits are subject to garnishment just like other incomes.

Garnishment can be a legal proceeding that allows a judge to make an order to an employer or government agency to deduct funds from the wages of a person who owes money and transfer them directly to an individual creditor. In the event of a divorce garnishment can be used for child or spousal support.

There are situations where veterans' benefits could be repaid. Most common is the veteran who has waived his military retirement to receive disability compensation. In these instances the amount of pension that is attributed to disability benefits can be garnished for family support obligations.

In other circumstances, veteran’s benefits can also be seized in order to cover medical expenses or federal student loans that are past due. In these instances the court could go directly to the VA for the information they need. A disabled veteran should employ an experienced lawyer to protect their disability benefits. This will prevent them from having to depend on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to veterans and their families. However, they come with their own set complications. If a person divorces and receives a VA settlement it is important to know what this will do to the benefits they receive.

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

Another concern with this topic is the treatment of disability benefits for child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from utilizing disability benefits as income. However, certain states have chosen to take an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and portage Veterans disability Lawyer then pluses up the disability benefits to take into account that they are tax-free.

Additionally, it is essential for tupelo veterans disability attorney to be aware of how their disability compensation will be affected if they are divorced and how their ex-spouses can take advantage of their benefits. By being aware of these questions, veterans can guard their compensation and avoid unwanted consequences.