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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 wants to know if a jury award will impact his VA benefits. The answer is that it will not. However, it could have an impact on his other sources of income.

Can I receive compensation for an accident?

If you have served in the military and are permanently disabled due to injuries or illnesses, you could be eligible for a matthews veterans Disability attorney disability settlement. This settlement can help you get compensation for matthews veterans disability attorney medical bills, lost wages and other costs resulting from your injury or illness. The type of settlement you can receive depends on whether your health condition is non-service connected, the VA benefits you qualify for, and what 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 in the Vietnam War. He isn't in a position to have enough space for work to be eligible for Social Security Disability benefits, however, he is able to claim the VA Pension, which provides cash and medical treatment for free depending on the financial needs of his. He would like to know how a personal injury settlement can affect his ability to receive this benefit.

The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements are payments made over a period of time 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 probably affect existing benefits since the VA considers it income and will annualize it. If Jim has surplus assets after the settlement has been annualized, he can reapply to be eligible for the pension benefit. However, his assets must be below a threshold the VA has set that establishes financial necessity.

Do I really need to hire an Attorney?

Many spouses, service members and former spouses have concerns about VA disability payments and their impact on financial issues during a divorce. Among other things, some people believe that the Department of tarrant veterans disability lawsuit Affairs' compensation payments can be divided as a military pension in a divorce or that they are "off limits" in the calculation of child support and Alimony. These misconceptions can result in financial mistakes that have serious consequences.

While it is possible to do an initial claim for disability benefits on your own, most disabled veterans require the help of a qualified lawyer. A veteran's disability lawyer can look over your medical records and gather the evidence required to argue your argument before the VA. The lawyer can also file any appeals that you might require to receive the benefits you are entitled to.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. In addition that the lawyer will normally be paid by the government directly out of the retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will receive should be clearly stated in your fee agreement. A fee agreement could say that, for instance, the government will give the attorney up to 20% of retroactive benefits. You will be responsible for any additional amounts.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. These payments are designed to alleviate the effects of illnesses, injuries or disabilities that have been sustained or aggravated by a veteran's service. Like all income, the st louis veterans disability lawyer disability benefits are subject to garnishment.

Garnishment allows a court order that an employer or government agency withhold cash from the pay of an individual who owes a debt and send it directly to the creditor. In the event of divorce, garnishment may be used to pay child or spousal maintenance.

There are certain situations where a veteran's benefits can be encashable. The most common scenario is that of a veteran who waived his military retirement to receive disability compensation. In these scenarios the pension portion that is allocated to disability pay can also be garnished in order to fulfill the family support obligations.

In other situations, veteran's benefit may be seized to pay medical bills or federal student loans that are over due. In these cases the court can go directly to the VA for the information they require. It is important for disabled veterans to find a competent attorney to ensure that their disability benefits aren't taken away. This will stop them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous assistance to veterans and their families, but they're not without their own set-of complications. For example the case where a veteran is divorced and receives an 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 disability payments are considered to be divisible assets in a divorce. The question has been answered in two ways. A Colorado court of appeals ruling decided that VA disability payments were not property and could not be divided this way. Another option is an U.S. Supreme Court ruling in Howell that ruled that garnishing a veteran's VA disability payments to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern that is related to this issue is how disability benefits are treated for purposes of child support and maintenance. Both the USFSPA and the Supreme Court, prohibit states from utilizing disability benefits as income. However, some 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 then adds up the disability payments to take account that they are tax free.

It is also vital that veterans are aware of how divorce can affect their disability benefits and how their spouses who divorced can garnish their compensation. By being informed about these issues, veterans can protect their income and avoid any unintended consequences.