How a veterans disability lawsuit Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man, is permanently disabled as a result of his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.

He wants to know if an award from a jury will affect his VA benefits. The answer is that it will not. It will, however, affect the income sources of his other income sources.

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

If you have served in the military but are now permanently disabled due to 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 costs resulting from your injury or illness. The type of settlement that you could receive will depend on whether or not your illness or injury is a result of a service connection, the VA benefits you qualify to receive, and the amount to treat your accident or injury.

Jim, a 58 year veteran of the Vietnam war, was diagnosed as having permanent disabilities because of his two years of service. He isn't in a position to have enough work space to be eligible for Social Security Disability benefits, but he has the VA Pension which offers cash and medical treatment for free dependent on the amount of money he needs. He would like to know how a personal injuries settlement could affect his eligibility to benefit from this benefit.

The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements are based on payments over a period of time instead of a single payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum payout is likely to impact any benefits already in place because the VA considers it as income and will increase it. If Jim has surplus assets after the settlement is annualized, he can reapply to receive the Pension benefit. However the assets he has to be below a minimum threshold that the VA has set to establish financial necessity.

Do I require an Attorney?

Many service members, spouses and former spouses are concerned about VA disability payments and their effect on financial issues in divorce. There are many other reasons, but some people think that the Department of Veterans Affairs' compensation payments can be divided like a military pension a divorce or that they are "off limits" in the calculation of child support and alimony. These misconceptions could lead serious financial mistakes.

While it is possible to make an initial claim for disability benefits on your own, the majority of disabled veterans benefit from the assistance of a skilled lawyer. A skilled veteran's disability lawyer can examine your medical documents and gather the required evidence to present a strong case to the VA. The lawyer can also file any appeals that you might need to receive the benefits you are entitled to.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. The government also pays the lawyer directly from your award of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly state the proportion of retroactive benefits to be paid to your lawyer. A fee agreement could say, for example, that the government will provide the attorney with 20% of retroactive benefits. Any additional amounts are your responsibility.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA it is received in the form of monthly payments. These payments are designed to alleviate some of the consequences of illnesses, veterans disability Law firms disabilities or injuries sustained or aggravated due to a veteran's military service. The veterans disability law Firms disability benefits are subject to garnishment just like other incomes.

Garnishment is a legal process that permits a court to make an order to an employer or government agency to deduct funds from the paycheck of a person who owes money and transfer them directly to a creditor. In the case of a divorce, Veterans Disability Law Firms garnishment can be used to pay spousal support or child support.

There are some situations where the benefits of a veteran could be encashable. The most common situation involves the veteran who has waived their military retirement in order to claim disability compensation. In these cases the portion of the pension that is allocated to disability pay may be garnished for family support obligations.

In other instances, a veteran's benefit may be seized to cover medical expenses or federal student loans that are over due. In these cases, a court may be able to go straight to the VA to get the required information. A disabled veteran should seek out an experienced attorney to safeguard their disability benefits. This will stop them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help to veterans as well as their families. However, they come with certain complications. If a veteran divorces and receives an VA settlement it is important to be aware of the impact this could have to the benefits they receive.

In this case, a major question is whether disability benefits are considered assets that can be split during a divorce. The question has been answered in two ways. One is through an Colorado court of appeals decision that found that VA disability payments are not property and can't be divided as such. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability benefits for the purpose of alimony was in violation of USFSPA.

Another concern that is related to this issue is how disability benefits are interpreted in the context of child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. Certain states take an alternative approach. Colorado for instance, adds all income sources together to determine the amount needed to provide for a spouse. Colorado then adds on disability payments to account for their tax-free status.

It is also important that veterans understand how divorce can affect their disability compensation and how their ex spouses can slash their income. By being informed about these issues, veterans can protect their compensation and avoid any unintended consequences.