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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 because of his military service. He receives a monthly Pension benefit from the Department of morehead city veterans disability lawyer Affairs.

He would like to know how the verdict of a jury will impact his VA benefits. It will not. But it will have some impact on his other sources of income.

Can I Get Compensation for an Accident?

You may 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 can assist in compensating you for medical bills, lost income, and other expenses that resulted from your illness or injury. The type of settlement that you will receive will depend on whether or not your injury or illness is service-connected, what VA benefits you are eligible for, and the amount you will need to treat your injury or accident.

Jim is a 58 year veteran of Vietnam, was diagnosed as having permanent disabilities as a result of his two years of service. He hasn't got enough work space to qualify for Social Security disability benefits but he does have a VA Pension benefit that offers cash and free medical care that is based on financial need. He would like to be aware of how a personal injuries settlement could affect his eligibility to be eligible for this benefit.

The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements are payments made over a long period of time rather than as a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will impact any existing VA benefits since the VA will annually assess and count it income. If Jim has excess assets after the settlement is annually adjusted the applicant can apply again to receive the Pension benefit. However his assets must be less than a certain threshold that the VA has set to establish financial necessity.

Do I need to hire an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its impact on financial issues in divorce cases. In addition, some people think that the Department of Veterans Affairs' compensation payments can be divided like a military pension in divorce or are "off limits" when it comes to calculation of child support and alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

While it is possible to submit an initial claim for disability benefits on your own, most disabled new castle veterans disability lawsuit benefit from the assistance of a skilled lawyer. A veteran's disability attorney will examine your medical records to collect the evidence necessary to argue your case before the VA. The lawyer will also be able to make any appeals you require to secure the benefits you're entitled.

Moreover, most 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 a benefit of the Equal Access to Justice Act. The fee agreement should clearly state the proportion of retroactive benefits to be paid to your lawyer. A fee agreement could state for instance that the government will give the attorney up to 20 percent of retroactive benefits. You are responsible for any additional sums.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The payments are intended to help offset the impact of diseases, injuries or disabilities sustained or aggravated by a veteran's service. Like other income sources, veterans disability benefits can be subject to garnishment.

Garnishment allows a court order that an employer or government agency deduct money from the pay of a person who owes the debt and pay it directly to a creditor. In the event of a divorce, garnishment could be used to pay for spousal support or child support.

There are situations where the benefits of a veteran can be garnished. The most common scenario is veterans who have waived their military retirement to get disability compensation. In these cases, the amount of pension that is allocated to disability pay could be garnished to meet family support obligations.

In other instances, a veteran's benefit may be garnished to pay for medical expenses or federal student loans that are past due. In these situations the court may be able to go straight to the VA to get the required information. A disabled veteran should hire an experienced lawyer to protect their disability benefits. This will stop them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge aid to Imperial veterans disability law Firm and their families. However they have their own set complications. If a veteran gets divorced and receives a VA settlement and is eligible, they should be aware of the implications to their benefits.

In this regard the most important question is whether disability payments are considered to be assets that could be divided during a divorce. This question has been resolved in two ways. One option is a Colorado court of appeals decision, which found that VA disability payments are not property and cannot be divided in this way. Another option is a U.S. Supreme Court ruling in Howell that ruled that garnishing a veteran's VA disability benefits to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this issue is the handling of disability benefits to children for maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from utilizing disability benefits as income. Certain states employ different approaches. Colorado, for example, adds all sources of income together to determine the amount needed to support a spouse and then adds disability income to account for their tax-free status.

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