How a Veterans Disability Settlement Can Affect a Divorce Case

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

He wants to know if a jury verdict will impact his VA benefits. It will not. But it will have some impact on the other sources of income he has.

Can I Receive Compensation for an Accident?

You could be eligible for a settlement if were a soldier but are now permanently disabled because of injuries or illnesses. This settlement can help you get compensation for medical bills, lost wages, law and other expenses resulting from your injury or illness. The type of settlement you will receive will depend on whether your injury or illness is related to service, what VA benefits you are eligible to receive, and the amount to treat your accident or injury.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He isn't in a position to have enough space for work to be eligible for Social Security Disability benefits, however, he can claim an VA Pension that offers free medical treatment and cash depending on the financial needs of his. He wants to understand how a personal injury lawsuit can affect his ability to benefit from this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements require installments over time, rather than one payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum settlement can impact any existing VA benefits as the VA will annually evaluate and consider it income. If Jim has excess assets after the settlement is 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 need to employ an attorney?

Many spouses, members of the military, and former spouses have concerns about VA disability payments and their impact on financial issues in divorce. Among other things, some people believe that the Department of Veterans Affairs' compensation payments can be divided like a pension from a military service in a divorce or that they are "off limits" in the calculation of child support and Alimony. These misconceptions can result in financial mistakes which can have serious consequences.

While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans get the assistance of a professional lawyer. An experienced veteran's disability lawyer will examine your medical documents and gather the necessary evidence to make a convincing case at the VA. The lawyer will also be able to file any appeals you may require to obtain the benefits you deserve.

In addition, the majority of VA disability lawyers charge no fees for consultations. Additionally, the lawyer will generally be paid by the government directly out of the retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will be paid must be specified in your fee agreement. For instance your fee agreement may state that the government will pay the lawyer up to 20% of retroactive benefits or provide. Any additional amount is your responsibility.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. The funds are intended to offset some of the effects of disability, illness or injuries sustained or aggravated during a veteran's military service. As with all income, benefits for beaufort veterans disability lawyer with disabilities are subject to garnishment.

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

There are some situations where the benefits of a veteran could be repaid. The most common scenario involves a veteran who waived their military retirement to get disability compensation. In these situations the portion of the pension that is attributed to disability benefits can be garnished for family support obligations.

In other situations, veteran’s benefits can also be garnished to pay medical expenses or federal student loans that are over due. In these instances the court might be able to directly to the VA to get the required information. It is essential for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits aren't garnished. This will prevent them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans as well as their families. However, they come with certain complications. For example in the event that a veteran gets divorced and receives a VA disability settlement, they need to know what effect this will have on the benefits they receive.

One of the major issues in this regard is whether disability payments count as divisible assets in a divorce. This question has been resolved in two ways. A Colorado court of appeals decision determined that VA disability payments were not property and therefore could not be divided in this manner. The other way is by an U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this subject is the treatment of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. However, some states have adopted different approaches. Colorado is one example. It takes all income sources together to determine the amount required to support a spouse. The state then adds disability payments in order to account for their tax-free status.

Additionally, it is essential for hibbing veterans disability lawsuit to understand how their disability compensation will be affected if they get divorced and how their ex-spouses may garnish their compensation. By knowing about these issues, veterans can safeguard their income and avoid unintended consequences.