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

Jim's 58-year-old client is permanently disabled from his service 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 impact his VA benefits. The answer is not. However, it will have an impact on his other income sources.

Can I get compensation for an accident?

You could be eligible for a settlement in the event that you were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement can help compensate you for medical bills, lost income and other expenses resulting from your illness or injury. The kind of settlement you'll get depends on whether or not your health condition is non-service connected, the VA benefits you qualify for, and the amount your accident or injury will cost to treat.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He isn't in a position to have enough space for work to qualify for Social Security Disability benefits, however, he is able to claim a VA Pension that provides free medical treatment and cash according to his financial need. He wants to understand how a personal injury lawsuit will affect his eligibility to get this benefit.

The answer depends on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are those that are made over a period of time rather than as a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will affect any existing VA benefits since the VA will annually evaluate and consider it to be income. If Jim has extra assets after the settlement is annualized then he is eligible to be eligible for the pension benefit. However his assets must be under a limit that the VA has set that establishes financial necessity.

Do I Need to Hire an attorney?

Many service members, spouses, and former spouses have concerns about VA disability payments and their impact on money issues during a divorce. Some people believe, among other things that the Department of Veterans Affairs compensation payments can be divided like the military retirement in a divorce case or that they're "off limits" when calculating child support and Alimony. These misconceptions can lead to financial errors that have serious repercussions.

It is possible to submit a claim for disability benefits on your own However, most disabled auburn Veterans disability lawyer will require the help of a skilled lawyer. A veteran's disability attorney can examine your medical records in order to gather the necessary evidence to present a convincing case to the VA. The lawyer can also file any appeals that you might require to get the benefits you are entitled to.

Furthermore, the majority of VA disability lawyers don't charge fees for consultations. Additionally that the lawyer will normally 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 fee agreement should clearly state the proportion of retroactive benefits to be paid to your lawyer. For instance an agreement on fees could stipulate that the government will pay the lawyer up to 20% of retroactive benefits or pay. Any additional amounts are your to pay.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. The funds are intended to help offset the effects of disabilities, diseases or injuries incurred during or aggravated by the veteran's military service. The veterans disability benefits are subject to garnishment like any other income.

Garnishment permits a court order that an employer or government agency stop money from the wages of an individual who owes a debt and send it directly to a creditor. In the case of a divorce, garnishment may be used to pay spousal or child support or child support.

There are a few situations in which the benefits of a veteran could be garnished. The most frequent scenario involves a veteran who waived their military retirement in order to claim disability compensation. In these cases, the portion of the pension that is attributed to disability benefits may be garnished for family support obligations.

In other situations, veteran’s benefits can also be seized to pay medical expenses or federal student loans that are over due. In these instances, a court can go directly to the VA to obtain the information they need. It is vital for a disabled veteran to work with a reputable lawyer to ensure that their disability benefits aren't garnished. This will prevent them from being forced to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans and their families. However, they come with specific complications. If a veteran is divorced and receives an VA settlement it is important to be aware of the impact this could have to the benefits they receive.

A major issue in this context is whether disability benefits are considered divisible assets in a divorce. The question has been answered in two ways. A Colorado court of appeals ruling determined that VA disability payments were not property and therefore could not be divided this manner. Another option is an U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability payments to pay Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

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

It is also vital that veterans know how divorce will affect their disability compensation and how ex-spouses can garnish their compensation. By knowing about these issues, veterans can safeguard their income and avoid unintended consequences.