The No. One Question That Everyone In Veterans Disability Litigation Should Be Able To Answer > 자유게시판

How a Veterans Disability Settlement Can Affect a Divorce Case

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

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

Can I claim compensation in the event of an accident?

You may be eligible to receive a settlement if you were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement will pay you for medical expenses, lost income and other expenses resulting from your illness or injury. The type of settlement you can receive depends on whether your health condition is non-service connected, what VA benefits you qualify for, as well as the amount your accident or injury will cost to treat.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities after two years of service during the Vietnam War. He does not have enough working space to qualify for Social Security disability benefits but He does have a VA Pension benefit, which offers cash and free medical care dependent on financial need. He wants to know if a personal injury settlement would affect his eligibility to get this benefit.

The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements are based on installments over time instead of one payment. The amount paid by the defendant is calculated to offset existing VA benefits. A lump sum settlement can impact any existing VA benefits as the VA will annualize and consider it income. If Jim has assets that are not used up after the settlement has been annualized and he wants to reapply, he will receive the Pension benefit. However, his assets must be below a minimum threshold that the VA has set that establishes financial necessity.

Do I have to hire an attorney?

Many spouses, military personnel, Veterans Disability settlement and former spouses are concerned 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 Affairs' compensation payments can be split like a pension from a military service in divorce or are "off limits" in the calculation of child support and alimony. These misconceptions could lead serious financial errors.

While it is possible to make an initial claim for disability benefits on your own, most disabled veterans disability attorneys benefit from the help of a qualified lawyer. A veteran's disability lawyer who is experienced can review your medical records and gather all the necessary evidence to present a strong case to the VA. The lawyer can also file any appeals that you might require to receive the benefits you deserve.

In addition, the majority of VA disability lawyers charge no fees for consultations. In addition, the lawyer will generally be paid by the government directly out of your retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will receive should be clearly outlined in your fee agreement. For example your fee agreement may stipulate that the government will pay the lawyer up to 20% of the retroactive benefits or pay. Any additional amounts are your obligation.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA it is received in the form of monthly payments. The purpose of the payments is to compensate for the effects of diseases, injuries or disabilities that were sustained or aggravated during a veteran's time of service. As with all income, veterans disability benefits could be subject to garnishment.

Garnishment allows a court order that an employer or government agency withhold cash from the pay of a person who owes an obligation and pay it directly to a creditor. In the case of a divorce, garnishment may be used to pay for spousal support or child support.

However, there are a few situations in which a veteran's disability benefits could be repaid. The most common scenario involves veterans disability law who have waived their military retirement in order to receive disability compensation. In these scenarios the pension portion that is allocated to disability benefits can be garnished in order to meet family support obligations.

In other circumstances it is possible for a veteran's benefits to be seized to pay medical expenses or past-due federal student loans. In these cases a judge can refer a case directly to the VA for the information they need. A disabled veteran should hire an experienced attorney to secure their disability benefits. This will stop them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous aid to veterans and their families. However they have their own set complications. For instance in the event that a veteran gets divorced and is awarded a VA disability settlement, they need to know what this means for the benefits they receive.

One of the major issues in this context is whether or not the disability benefits are considered divisible assets in divorce. The question has been answered in two ways. A Colorado court of appeals decision decided that VA disability payments were not property and could not be divided in this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments to pay the purpose of alimony was in violation of USFSPA.

Another concern relating to this issue is the treatment of disability benefits for child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from utilizing 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 veterans disability settlement then adds the disability payments to take into account that they are tax free.

Finally, it is important for veterans disability lawyer to be aware of how their disability benefits will be affected if they are divorced and how their spouses' ex-spouses could garnish their compensation. If they are aware of these issues, veterans disability lawyers can protect their compensation and avoid unintended consequences.