How a collierville veterans disability attorney 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 donaldsonville veterans disability law Firm Affairs.

He would like to find out if a verdict from a jury will impact his VA benefits. The answer is that it will not. But it will have some impact on the other sources of income he has.

Do I have the right to receive compensation for an accident?

If you have served in the military but are now permanently disabled because of injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement will pay you for medical bills, lost income, and other expenses resulting from your illness or injury. The kind of settlement you'll be able to get depends on whether or not your medical condition is service-connected, or not connected, the VA benefits you are eligible for, as well as the amount your accident or injury will cost to treat.

Jim, a 58 year veteran of the Vietnam war was diagnosed with permanent disabilities because of his two years of service. He does not have enough working space to qualify for Social Security disability benefits but there is a VA Pension benefit that offers cash and free medical care dependent on financial need. He wants to know how a personal injury lawsuit will affect his eligibility to benefit from this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements involve payments over time rather than a single payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum settlement will affect any existing VA benefits as the VA will annualize and consider it income. In either case, if excess assets remain after the period of twelve months when the settlement is annualized, Jim could apply again for the Pension benefit, but only if his assets fall below a certain threshold that the VA is able to agree establishes financial need.

Do I require an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of a divorce case. Some people believe that the Department of Veterans Affairs' compensation payments can be split like a military pension in divorce or are "off limits" in 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 by yourself, the majority of disabled veterans can benefit from the assistance of an experienced attorney. A veteran's disability attorney will 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 need to receive the benefits you deserve.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. In addition the lawyer will usually be paid by the government directly out of your award of retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will receive should be outlined in your fee agreement. For instance the fee agreement could state that the government will pay the attorney up to 20% of the retroactive benefits or award. Any additional amounts will be your the responsibility of the attorney.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. The purpose of the payments is to alleviate the effects of illnesses, injuries or disabilities that were suffered or aggravated during a veteran's time of service. Like other income sources, veterans disability benefits could be subject to garnishment.

Garnishment is a court-ordered procedure that an employer or a government agency withhold cash from the pay of an individual who owes a debt and send it directly to a creditor. In the event of divorce, the garnishment could be used for child or spousal support.

However, there are certain situations where disability benefits are able to be repaid. The most common scenario is that of a veteran who waived his retirement from the military in order to receive disability compensation. In these situations the pension portion that is devoted to disability payments can be garnished to fulfill the family support obligations.

In other circumstances, a veteran's benefits can be garnished to pay for medical expenses or past-due federal student loans. In these situations the court may be able to direct the case to the VA to obtain the necessary information. It is vital for disabled veterans to work with a reputable attorney to ensure that their disability benefits aren't taken away. This will prevent them from having to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge benefit for veterans and their families, however they come with their own set of complications. For example when a veteran is divorced and is awarded an VA disability settlement, they should know what effect this will have on the benefits they receive.

One of the major issues in this context is whether or not disability payments are considered divisible assets in divorce. This question has been resolved in a couple of ways. A Colorado court of appeals decision declared that VA disability payments were not property and therefore could not be divided in this manner. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability benefits for Alimony was against the USFSPA.

Another concern with this issue is the treatment of disability benefits to children for support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from claiming disability benefits as income. However, certain states have chosen to take a different approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds disability payments to take account that they are tax-free.

It is also important that veterans know how divorce can affect their disability compensation and how ex-spouses can garnish their compensation. By being informed about these issues, veterans can ensure their compensation as well as avoid the unintended consequences.