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 cary Veterans disability law firm Affairs.

He would like to know how 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 get compensation for an Accident?

If you've been in the military and are now permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will allow you to get compensation for medical bills, lost wages and other expenses related to your illness or injury. The kind of settlement you can get will depend on whether the health condition is non-service connected, which VA benefits you are eligible for, and the amount your accident or injury will cost to treat.

Jim, a 58 year veteran of Vietnam, was diagnosed as having permanent disabilities due to his two years of service. He does not have enough work space to qualify for Social Security Disability benefits, however, he does have the VA Pension, which provides cash and medical care for free dependent on the amount of money he needs. He would like to know if a personal injury settlement will affect his ability to be eligible for this benefit.

The answer is contingent upon whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are the ones that are paid over a long period of time rather than a single payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will likely affect any existing benefits because the VA considers it to be income and will annually calculate it. In any case, if there are excess assets are left over after the period of twelve months after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit, but only if his assets are less than a minimum threshold that the VA accepts as establishing financial need.

Do I require an attorney?

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

While it is possible to do an initial claim for disability benefits by yourself, the majority of disabled veterans require the assistance of an experienced attorney. A veteran's disability lawyer who is experienced can review your medical records and gather all the necessary evidence needed to build a strong argument to the VA. The lawyer can also file any appeals you may require to receive the benefits you are entitled to.

The majority of VA disability lawyers do not charge for consultations. The government will also pay the lawyer directly from the amount of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past-due benefits that your lawyer will be paid should be clearly outlined in your fee agreement. A fee agreement may stipulate that, for example, the government will pay the attorney up 20% of retroactive benefits. Any additional amount is your responsibility.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. These payments are designed to offset the effects of injuries, diseases or disabilities that were sustained or worsened during the veteran's service. Like all incomes, veterans disability benefits could be subject to garnishment.

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

There are a few situations in which the benefits of a veteran could be garnished. Most often, it is the case of a veteran who renounced his retirement from the military in order to receive disability compensation. In these instances the amount of pension that is allocated to disability pay can be garnished to pay family support obligations.

In other cases, a veteran's benefits may also be seized in order to pay medical expenses or federal student loans that are past due. In these instances the court can go directly to the VA to obtain the information they require. It is crucial for a disabled veteran to work with a reputable attorney to ensure that their disability benefits are not being snatched away. This will prevent them from having to depend on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous benefit for moody veterans disability attorney and their families, however they don't come without their own set of complications. For instance in the event that a veteran gets divorced and receives an VA disability settlement, they should know how this will affect their benefits.

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

Another concern relating to this subject is the treatment of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. Certain states use an alternative approach. Colorado, for example, takes all income sources together to determine the amount needed to support a spouse. It then adds disability income in order to take into account their tax-free status.

It is also crucial to know the impact divorce has on their disability benefits and how ex-spouses could take advantage of their compensation. By knowing about these issues, veterans can safeguard their earnings and avoid any unwanted consequences.