How a Veterans Disability law firms 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 Veterans Affairs.

He wants to know if the jury's verdict will impact his VA benefits. The answer is not. It will, however, have an impact on his other income sources.

Can I get 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 expenses, lost wages, and other expenses that result from your illness or injury. The kind of settlement you can receive depends on whether your health condition is non-service connected, which VA benefits you are eligible for, and how much your injury or accident will cost to treat.

Jim, a 58 year veteran of the Vietnam war was diagnosed with permanent disabilities as a result of his two years of service. He doesn't have enough space for work to qualify for Social Security Disability benefits, however, he does have a VA Pension that provides cash and medical treatment for free according to his financial need. He wants to learn how a personal injury lawsuit will affect his eligibility to get this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements consist of payments over time, rather than one payment. The amount paid by defendant is calculated to offset existing VA benefits. However, a lump sum payout is likely to impact any benefits already in place because the VA considers it income and will annualize it. In the event that there are any excess assets are left over after the 12 month period when the settlement has been annualized Jim could be eligible for a new Pension benefit but only if his assets fall below a threshold that the VA determines to be a financial need.

Do I Need to Hire an Attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its impact on money issues in a divorce case. Some people believe that the Department of Veterans Affairs' compensation payments are able to 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 to grave financial errors.

While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans get the help of a qualified lawyer. A veteran's disability attorney will look over your medical records and collect the evidence necessary to argue your case to the VA. The lawyer can also help to submit any appeals you require to obtain the benefits you are entitled to.

Moreover, most VA disability lawyers don't charge fees for consultations. In addition the lawyer will typically be paid by the government directly out of your retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly define the amount of retroactive benefits to be paid to your lawyer. A fee agreement could stipulate that, for example, the government would provide the attorney with 20 percent of retroactive benefits. Any additional amounts are your responsibility.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The payments are meant to help offset the effects of diseases, disabilities or injuries that are sustained or aggravated by a veteran's military service. The benefits for veterans disability attorneys with disabilities are subject to garnishment, like any other income.

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

There are a few circumstances where a veteran's disability benefits could be refunded. The most frequent is the veteran who renounced his military retirement in order to receive disability compensation. In these instances the portion of the pension that is allocated to disability pay may be garnished for family support obligations.

In other circumstances the benefits of a veteran can be withdrawn to cover medical expenses or past due federal student loans. In these instances a court may be able to the VA to get the required information. A disabled veteran should employ an experienced attorney to secure their disability benefits. This can help them avoid having to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge assistance to veterans and their families. However, they come with certain complications. For instance when a veteran is divorced and is awarded a VA disability settlement, they should be aware of what effect this will have on the benefits they receive.

In this case the most important question is whether or not disability payments are considered to be assets that can be divided during a divorce. The issue has been resolved in a couple of ways. A Colorado court of appeals ruling determined that VA disability payments were not property and could not be divided this way. The U.S. Supreme Court ruled in Howell, veterans disability law firms that garnishing a veteran's VA disability payments for Alimony was against the USFSPA.

Another concern relating to this subject is the treatment of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. Some states have an alternative approach. Colorado for instance, adds all income sources together to determine the amount required to provide for a spouse. Colorado then adds on disability payments to reflect their tax-free status.

It is also crucial that veterans know how divorce can affect their disability compensation and how ex-spouses could slash their benefits. By being informed about these issues, vets can safeguard their benefits as well as avoid the unintended consequences.