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How a woodbury veterans disability attorney Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man is permanently disabled because of his military service. He gets a monthly pension from the Department of alamo veterans disability lawyer Affairs.

He would like to know how the verdict of a jury will impact his VA benefits. It won't. It will, however, affect his other income sources.

Can I Get Compensation in the event of an accident?

You could be eligible for a settlement in the event that you served in the military but are now permanently disabled as a result of injuries or illnesses. This settlement will help pay you for medical expenses, lost income and other expenses resulting from your illness or injury. The type of settlement that you will 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 accident or injury.

Jim who is a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities as a result of his two years of service. He isn't in a position to have enough space for work to qualify for Social Security Disability benefits, but he has the VA Pension, which provides free medical treatment and cash based on his financial need. He wants to know if a personal injury settlement will affect his ability to get this benefit.

The answer will depend on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements require installments over time rather than one lump sum payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum settlement can impact any existing VA benefits since the VA will annually calculate and consider it to be income. In any case, if there are excess assets remain after the 12 month period when the settlement is annualized Jim could reapply for the pension benefit, but only if his assets are lower than a threshold with which the VA determines to be a financial need.

Do I have to hire an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of divorce cases. Some people believe, among other things that Department of Newport News Veterans Disability Affairs compensation payments can be split like the military retirement in divorce cases or that they're "off limits" in calculating child support and alimony. These misconceptions can lead to financial mistakes which can have serious consequences.

While it is possible to make an initial claim for disability benefits on your own, the majority of disabled casper veterans disability attorney require the help of a qualified lawyer. A disability attorney for north kansas city veterans disability lawyer can examine your medical records to gather the evidence needed to make a strong case to the VA. The lawyer can also file any appeals you might need to get the benefits you are entitled to.

Additionally, the majority of VA disability lawyers charge no fees for consultations. The government also pays the lawyer directly from your benefit of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The fee agreement should clearly state the amount of retroactive benefits that will be paid to your lawyer. For example an agreement on fees could stipulate that the government will pay the attorney up to 20% of the retroactive benefits or pay. Any additional amounts will be your responsibility.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. These payments are designed to alleviate the effects of injuries, diseases or disabilities sustained or worsened during the veteran's service. The benefits for veterans with disabilities are subject to garnishment, just like any other income.

Garnishment is a legal action which allows a court make an order to an employer or government agency to withhold funds from the pay of someone who owes money, and then send them directly to a creditor. In the case of a divorce, garnishment could be used to pay spousal support or child support.

However, there are some situations where disability benefits may be garnished. The most common scenario is a veteran who waived their military retirement to receive disability compensation. In these scenarios the pension portion that is devoted to disability pay can also be garnished in order to pay for family support obligations.

In other situations the benefits of a veteran can be garnished to pay for medical expenses or past due federal student loans. In these cases a court may be able to go straight to the VA to obtain the necessary information. It is vital for disabled las vegas veterans disability lawyer to find a competent lawyer to ensure that their disability benefits are not garnished. This will prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to veterans as well as their families. However, they come with their own set complications. If a person divorces and newport news Veterans Disability receives a VA settlement then they must know what this will do to the benefits they receive.

In this regard one of the major issues is whether or not disability payments are considered to be assets that can be divided in divorce. This question has been addressed in two ways. One option is the Colorado court of appeals ruling that concluded that VA disability payments are not property, and therefore cannot be divided as such. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability benefits for the purpose of alimony was in violation of USFSPA.

Another issue that is related to this issue is the handling of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. Certain states use different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then pluses up the disability payments to take into account that they are tax-free.

It is also crucial that veterans know how divorce affects their disability benefits and how their ex spouses can slash their income. If they are aware of these issues, veterans can safeguard their income and avoid unwanted consequences.