How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled because of his service in the military. He receives a monthly pension benefit from the Department of Veterans Affairs.

He would like to know if a verdict of a juror will affect his VA benefits. The answer is that it will not. However, it will have an impact on his other sources of income.

Can I 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 veteran disability settlement. This settlement can help you receive compensation for your medical bills, lost wages and other expenses related to your injury or illness. The kind of settlement you are eligible for will depend on whether your injury or illness is service-related, what VA benefits you qualify for, and the cost to treat your injury or accident.

Jim is a 58 year old Vietnam veteran, was diagnosed as having permanent disabilities as a result of his two years of service. He doesn't have enough work quarters to be eligible for Social Security disability benefits but the VA Pension benefit, which offers cash and medical treatment for free in accordance with financial need. He wants to be aware of whether a personal injury settlement would affect his ability be eligible for this benefit.

The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements involve installments over time instead of one single payment. The amount that defendant pays is calculated to offset existing VA benefits. A lump sum payment will affect any existing VA benefits because the VA will annually assess and count it as income. If Jim has extra assets after the settlement is annually adjusted then he is eligible to be eligible for the pension benefit. However his assets must be below a minimum threshold that the VA has determined to be a financial necessity.

Do I need to hire an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and the impact it has on financial issues in divorce cases. In addition, some people think that the Department of Veterans Affairs' compensation payments can be split as 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 that have serious consequences.

While it is possible to do an initial claim for disability benefits on your own, the majority of disabled veterans can benefit from the help of a qualified lawyer. A qualified veteran's disability lawyer will examine your medical records and gather the necessary evidence to make a convincing case at the VA. The lawyer will also be able to make any appeals you require to secure the benefits you are entitled to.

The majority of VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from your payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly state the amount of retroactive benefits that will be paid to your lawyer. A fee agreement may stipulate that, for example, the government would pay the attorney up 20 percent of retroactive benefits. You will be responsible for any additional sums.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The purpose of the payments is to alleviate the effects of injuries, diseases or disabilities that have been sustained or aggravated during the course of a veteran's service. The benefits for veterans' disability are subject to garnishment, just like any other income.

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

However, there are some situations where disability benefits may be garnished. The most common scenario is that of a veteran who has renounced his military retirement to receive disability compensation. In these instances the part of pension that is devoted to disability payments can be garnished to pay for family support obligations.

In other circumstances it is possible for a veteran's benefits to be seized to pay medical expenses or past-due federal student loans. In these situations, a court can go directly to the VA for the information they need. A disabled veteran should seek out an experienced attorney to safeguard their disability benefits. This can help them avoid being forced to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help to south dakota veterans disability lawyer as well as their families. However, they come with their own set complications. If a person divorces and receives a VA settlement and is eligible, they should be aware of the impact this could have to the benefits they receive.

A major issue in this context is whether disability payments count as divisible assets in divorce. This question has been answered in two ways. One method is a Colorado court of appeals decision that found that VA disability payments are not property and can't be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments for alimony was a violation of USFSPA.

Another concern relating to this subject is the treatment of disability benefits to children for support and maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from counting disability benefits as income. Some states have different approaches. Colorado for instance adds all income sources together to determine the amount needed to support a spouse. The state then adds disability payments to account for their tax-free status.

It is also important for veterans to be aware of how their disability compensation will be affected when they get divorced and how their spouses who divorced them can garnish their compensation. By being knowledgeable about these questions, perrysburg veterans disability lawyer can guard their compensation and avoid unintended consequences.