How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled from his time in the military. He is able to receive a monthly pension from the Department of middletown veterans disability law firm Affairs.

He wants to know how an award from a jury will impact his VA benefits. The answer is not. However, it will affect his other income sources.

Can I Receive Compensation for an accident?

You could be eligible for a settlement in the event that you served in the military but are now permanently disabled because of injuries or illnesses. This settlement will help pay you for medical bills, lost income and other costs that resulted from your injury or sickness. The type of settlement that you are eligible for will depend on whether or not your illness or injury is service-connected, what VA benefits you are eligible to receive, and the amount to treat your injury or accident.

Jim is a 58 year veteran of Vietnam was diagnosed with permanent disabilities as a result 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, however, he can claim the VA Pension which offers cash and medical treatment for free dependent on the amount of money he needs. He would like to understand how a personal injury settlement will affect his eligibility to receive this benefit.

The answer will depend 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 payment will likely affect existing benefits since the VA considers it a tax-deductible income and will annually increase it. If Jim has excess assets after the settlement has been annualized the applicant can apply again to receive the Pension benefit. However his assets must be below a threshold the VA has set that establishes financial necessity.

Do I have to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its impact on money issues in divorce cases. Among other things, some people believe that the Department of Veterans Affairs' compensation payments are able to be divided like a pension from a military service in divorce or are "off limits" when it comes to calculation of child support and Alimony. These misconceptions could lead to serious financial errors.

While it is possible to make an initial claim for disability benefits on your own, the majority of disabled Madeira Veterans Disability Attorney get the assistance of a professional attorney. A disability attorney for veterans can examine your medical records in order to gather the evidence needed to argue your case before the VA. The lawyer can also file any appeals you may require to receive the benefits you are entitled to.

Moreover, most VA disability lawyers charge no fees for consultations. In addition the lawyer will usually be paid by the government directly out of the retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly define the percentage of retroactive benefits that will be paid to your lawyer. For instance the fee agreement could specify that the government will pay the lawyer up to 20% of the retroactive benefits or crookston veterans disability Attorney award. You will be accountable for any additional sums.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled st louis park veterans disability attorney. The payments are meant to offset some of the consequences of illnesses, disabilities or injuries that are sustained or aggravated during a veteran's military service. The benefits for veterans' disability are subject to garnishment as is any other income.

Garnishment can be a legal proceeding that permits a court to decide that an employer or a government agency to withhold funds from the paycheck of a person who owes money and transfer them directly to an individual creditor. In the case of divorce, garnishment may be used to pay for spousal support or child support.

However, there are a few situations in which a veteran's disability benefits are able to be repaid. The most frequent is the veteran who waived his military retirement in order to receive disability compensation. In these cases the amount of pension allocated to disability payments could be garnished to meet family support obligations.

In other situations, a veteran's benefits can be seized to pay medical expenses or past due federal student loans. In these cases the court might be able to go straight to the VA to get the required information. It is important for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits are not taken away. This can stop them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big benefit for veterans and their families, however they do come with their own set of challenges. For example the case where a veteran is divorced and is awarded an VA disability settlement, they need to know what this means for the benefits they receive.

A major issue in this context is whether or not disability payments count as divisible assets in divorce. This question has been resolved in two ways. One method is the Colorado court of appeals decision, which found that VA disability payments are not property and therefore cannot be divided in that way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability payments for an alimony payment was a violation of USFSPA.

Another concern relating to this issue is the handling of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. However, some states have adopted different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then adds disability benefits to take into account that they are tax free.

It is also important for veterans to know how their disability compensation will be affected if they become divorced and how their spouses' ex-spouses could be able to garnish their compensation. By knowing about these issues, veterans can ensure the security of their compensation and avoid unintended consequences.