How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled because of his time in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to find out if a verdict from a jury will affect his VA benefits. The answer is not. However, it could have an impact on his other sources of income.

Can I receive compensation in the event of an accident?

You may be eligible to receive a settlement if you served in the military but are now permanently disabled as a result of injuries or illnesses. This settlement will allow you to receive compensation for your medical bills, lost wages and other expenses resulting from your injury or illness. The type of settlement you can receive will depend on whether your injury or illness is service-related, what VA benefits you are eligible for, and the amount you will need to treat your injury or accident.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He doesn't have enough work space to qualify for Social Security Disability benefits, but he has a VA Pension that provides free medical care and cash according to his financial need. He would like to be aware of whether a personal injury settlement could affect his ability to receive this benefit.

The answer is dependent on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements consist of the payment of over time rather than one payment. The amount paid by the defendant is calculated to offset the existing VA benefits. In contrast, a lump sum settlement will probably affect any existing benefits because the VA considers it income and will annualize it. If Jim has assets that are not used up after the settlement has been annualized the applicant can apply again to receive the Pension benefit. However the assets he has to be less than a certain threshold that the VA has agreed establishes financial necessity.

Do I really need to hire an attorney?

Many service members, spouses and former spouses are concerned about VA disability payments and their impact on money issues during divorce. Some people believe, for instance, that Department of Veterans Affairs compensation payments are split like the military retirement in divorce proceedings or that they're "off limits" when it comes to calculating child support and alimony. These misconceptions could lead to grave financial errors.

It is possible to file a claim for disability benefits yourself, but most disabled veterans would benefit from the assistance from a competent lawyer. A qualified veteran's disability lawyer will examine your medical documents and gather the necessary evidence to present a strong argument to the VA. The lawyer can also file any appeals that you might need to receive the benefits you are entitled to.

Additionally, the majority of VA disability lawyers don't charge fees for consultations. In addition the lawyer will usually be paid by the government directly from your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past-due benefits that your lawyer will be paid should be clearly stated in your fee agreement. For instance, a fee agreement can provide that the government can pay the lawyer up to 20% of the retroactive benefits or give. Any additional amounts will be your the responsibility of the attorney.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled mountainside veterans disability law firm. The funds are meant to alleviate the effects of illnesses, Vimeo injuries or disabilities that were sustained or aggravated by a veteran's service. Like all incomes, veterans disability benefits could be subject to garnishment.

Garnishment is a legal procedure that permits a court to decide that an employer or a government agency to take money from the pay of someone who owes money, and then send them directly to an individual creditor. In the event of divorce, garnishment can be used to pay child or spousal support.

There are a few situations in which veterans' benefits could be garnished. Most common is the veteran who waived his military retirement to receive disability compensation. In these instances the amount of pension allocated to disability payments can be garnished for family support obligations.

In other cases, a veteran’s benefits can also be garnished to pay medical expenses or federal student loans that are past due. In these instances the court could go directly to the VA to obtain the information they require. It is essential for disabled veterans to work with a reputable lawyer to ensure that their disability benefits aren't garnished. This will help them avoid having to depend on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous assistance to veterans and their families. However they have their own set complications. If a veteran gets divorced and receives an VA settlement it is important to be aware of what this might do to the benefits they receive.

In this case the most important question is whether disability payments are considered to be assets which can be divided in divorce. The issue has been resolved in a variety of ways. One is through an Colorado court of appeals decision that found that VA disability payments are not property and can't be divided in that way. Another way is through a U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability payments to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue related to this issue is how disability benefits are treated in the context of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. Certain states employ a different approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds the disability benefits to take into account that they are tax-free.

It is also essential that veterans are aware of how divorce affects their disability compensation and how their spouses who divorced could take advantage of their compensation. By being knowledgeable about these issues, veterans can ensure the security of their benefits and avoid unintended consequences.