How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled because of his military service. He is able to receive a monthly pension from the Department of corona veterans disability lawsuit Affairs.

He wants to know how an award from a jury will impact his VA benefits. It won't. But it will have an impact on the other sources of income he has.

Can I claim compensation for an accident?

If you've served in the military, and are permanently disabled due to injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will pay you for medical expenses, lost income and other expenses that resulted from your injury or sickness. The kind of settlement you are eligible for will depend on whether or not your illness or injury is service-related, what VA benefits you qualify for, and the amount you will need to treat your injury or accident.

Jim, a 58 year veteran of Vietnam was diagnosed with permanent disabilities due to his two years of service. He does not have enough work space to be eligible for Social Security disability benefits but there is a VA Pension benefit which provides cash and medical treatment for free that is based on financial need. He wants to find out if a personal injury settlement could affect his ability to receive this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements involve payments over time rather than one lump sum payment. The amount paid by the defendant is calculated to offset the existing VA benefits. A lump sum payment can impact any existing VA benefits because the VA will annually evaluate and consider it as income. In either case, if excess assets remain after the twelve month period after the settlement is annually recalculated, Jim could be eligible for a new pension benefit, but only if his assets fall below a certain threshold that the VA determines to be a financial need.

Do I require an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its impact on financial issues in divorce cases. Some people think, for instance, that the Department of Veterans Affairs compensation payments can be split like military retirements in divorce cases, or that they're "off limits" when it comes to calculating child support and alimony. These misconceptions can lead to financial mistakes that have serious consequences.

It is possible to file an application for disability benefits yourself however, the majority of disabled veterans will require the help of a professional lawyer. A qualified veteran's disability lawyer can examine your medical records 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 get the benefits you deserve.

The majority of VA disability lawyers do not charge for consultations. In addition the lawyer will typically be paid by the government directly out of your retroactive past due benefits. This is one of the benefits 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 stipulate, for example, that the government would pay the attorney up 20% of retroactive benefits. Any additional amounts are your to pay.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. These payments are designed to help offset the impact of illnesses, injuries or disabilities that were sustained or aggravated during the course of a veteran's service. The bristol veterans disability lawyer disability benefits are subject to garnishment, just like other incomes.

Garnishment can be a legal proceeding that permits a court to order an employer or government agency to withhold funds from the pay of someone who is in debt and to send them directly to the creditor. In the event of a divorce garnishment may be used to pay child or spousal support.

However, there are some circumstances where a veteran's disability benefits are able to be refunded. Most often, it is the case of a veteran who has waived his military retirement to receive disability compensation. In these scenarios the part of pension that is allocated to disability benefits can be garnished to pay for family support obligations.

In other instances the benefits of a veteran can be seized to pay medical expenses or past due federal student loans. In these situations a court may be able to the VA to obtain the necessary information. It is essential for a disabled veteran to hire a knowledgeable attorney to ensure that their disability benefits are not taken away. This can prevent them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge aid to veterans and their families. However they also come with their own set complications. If a veteran gets divorced and receives a VA settlement then they must be aware of the implications to the benefits they receive.

A major issue in this regard is whether or not the disability payments are considered divisible assets in a divorce. This question has been addressed in two ways. A Colorado court of appeals ruling found that VA disability payments were not property and could not be divided 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 issue that is related to this topic is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. Some states have different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then pluses up the disability payments to take account that they are tax-free.

It is also crucial to know how divorce can affect their disability benefits and how their spouses who divorced can garnish their compensation. By being informed about these issues, Las Cruces Veterans Disability Law Firm can safeguard their benefits and avoid unintended consequences.