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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 Veterans Affairs.

He would like to know how the jury's verdict will affect his VA benefits. The answer is that it will not. But it will have some impact on his other sources of income.

Can I get compensation in the event of an accident?

If you've served in the military but are now permanently disabled as a result of injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement can assist in compensating you for medical bills, lost income and other costs that resulted from your illness or injury. The kind of settlement you will receive will depend on whether or not your illness or injury is related to service, what VA benefits you are eligible for, and the amount you will need to treat your accident or injury.

Jim, a 58-year veteran of Vietnam was diagnosed with permanent disabilities because of his two years of service. Jim does not have enough space for work to be eligible for Social Security Disability benefits, however, he does have the VA Pension which offers free medical care and cash based on his financial need. He would like to be aware of whether a personal injury settlement could affect his ability to get this benefit.

The answer will depend on whether the settlement is a lump-sum or a structured one. Structured settlements are based on installments over time instead of a single payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum payment can affect any existing VA benefits as the VA will annually calculate and consider it as income. If Jim has assets that are not used up after the settlement is annually adjusted and he wants to reapply, he will be eligible for the pension benefit. However the assets must be under a limit that the VA has agreed establishes 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 the financial aspects of divorce cases. Some people believe, for instance, that the Department of veterans disability attorney Affairs compensation payments can be split as military retirements in divorce cases or that they're "off limits" when calculating child support and Alimony. These misconceptions can lead to serious financial mistakes.

While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans disability lawyers (this site) require the assistance of an experienced attorney. A veteran's disability lawyer who is experienced can examine your medical documents and gather the necessary evidence to present a strong argument to the VA. The lawyer can also file any appeals you may need in order to get the benefits you are entitled to.

The majority of VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from your award of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should specify clearly 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 attorney up to 20% of the retroactive benefits or award. Any additional amounts are your obligation.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The payments are meant to offset some of the consequences of illnesses, disabilities or injuries sustained or aggravated by the veteran's military service. The veterans disability lawyer disability benefits are subject to garnishment like any other income.

Garnishment lets a court order that an employer or a government agency withhold funds from the paycheck of a person who is in the process of paying a debt and send it directly to the creditor. In the case of divorce, garnishment could be used to pay spousal or child support or child support.

However, there are a few situations in which a veteran's disability benefits can be repaid. The most common situation involves the veteran who has waived their military retirement in order to claim disability compensation. In these cases the amount of pension apportioned to disability pay could be garnished to meet family support obligations.

In other situations, veteran's benefit may be garnished in order to cover medical expenses or federal student loans that are past due. In these cases the court may be able to go straight to the VA to obtain the necessary information. It is vital for a disabled veteran to retain a knowledgeable lawyer to ensure that their disability benefits are not removed. 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 can be a huge assistance to veterans and their families, veterans disability Lawyers however they don't come without their own set of complications. For instance, if a veteran gets divorced and is awarded an VA disability settlement, they should know what this means for their benefits.

A major issue in this context is whether disability payments count as divisible assets in divorce. The issue has been resolved in a couple of ways. One method is a Colorado court of appeals decision which concluded that VA disability payments are not property and therefore cannot be divided in this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability benefits for Alimony was against the USFSPA.

Another concern that is related to this issue is how disability benefits are treated to determine child support and maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from counting disability benefits as income. However, certain states have chosen to take the opposite approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then pluses up the disability payments to take into account that they are tax-free.

It is also important for veterans to be aware of how their disability benefits will be affected when they get divorced and how their ex-spouses may be able to garnish their compensation. If they are aware of these issues, veterans can ensure the security of their benefits and avoid unintended consequences.