How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled due to his service in the military. He receives a monthly pension benefit from the Department of Veterans Affairs.

He would like to know if a jury verdict will impact his VA benefits. The answer is that it will not. However, it will have an impact on the income sources of his other income sources.

Do I have the right to receive compensation in the event of an accident?

If you have served in the military and are now permanently disabled due to injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can help you get compensation for medical bills, lost wages, and other expenses that result from your injury or illness. The type of settlement you can receive will depend on whether your injury or illness is a result of a service connection, the VA benefits you are eligible to receive, and the amount to treat your injury or accident.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He does not have enough space for work to be eligible for Social Security Disability benefits, however, he does have the VA Pension, which provides cash and medical care for free based on his financial need. He wants to know how a personal injuries settlement can affect his ability 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 the ones that are paid over a time frame rather than as a single payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum settlement will affect any existing VA benefits since the VA will annualize and consider it as income. In any event, if extra assets remain after the twelve-month period when the settlement has been annualized Jim could reapply for the Pension benefit, but only if his assets fall lower than a threshold with which the VA is able to agree establishes financial need.

Do I require an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and the impact it has on money issues in a divorce case. Some people believe, among other things that Department of Veterans Affairs compensation payments can be split like a military retirement in divorce cases, or that they're "off limits" when it comes to calculating child support and mspeech.kr Alimony. These misconceptions can result in financial mistakes that can have grave consequences.

It is possible to file an application for disability benefits on your own, but most disabled veterans will benefit from the assistance of a qualified lawyer. A veteran's disability attorney will examine your medical records in order to gather the evidence needed to present a convincing argument before the VA. The lawyer will also be able to submit any appeals you require to secure the benefits you're entitled to.

Most VA disability lawyers don't charge for consultations. Additionally, the lawyer will generally be paid by the government directly from the retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly specify the amount of retroactive benefits that will be paid to your lawyer. For example your fee agreement may stipulate that the government will pay the lawyer up to 20% of the retroactive benefits or Vimeo.com give. You are responsible for any additional sums.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans disability lawyer. The funds are intended to help offset the effects of disabilities, diseases or injuries that are sustained or aggravated due to a veteran's military service. As with all income, veterans disability benefits can be subject to garnishment.

Garnishment lets a court order that an employer or government agency deduct money from the pay of a person who is in the process of paying an obligation and pay it directly to the creditor. In the event of divorce, garnishment may be used to pay spousal or child support or child support.

However, there are a few situations where disability benefits can be refunded. The most frequent is the veteran who renounced his military retirement to receive disability compensation. In these instances the portion of the pension that is attributed to disability benefits can be garnished to pay family support obligations.

In other instances veterans' benefits could be seized to pay medical expenses or past due federal student loans. In these instances the court can go directly to the VA to obtain the information they need. It is essential for a disabled veteran to hire a knowledgeable attorney to ensure that their disability benefits are not being snatched 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 major assistance to veterans and their families, however they do come with their own set of issues. For instance when a veteran is divorced and receives an VA disability settlement, they should know what this means for the benefits they receive.

One of the major issues in this regard is whether or not disability payments are considered to be divisible assets in a divorce. The question has been answered in two ways. A Colorado court of appeals ruling declared that VA disability payments were not property and therefore could not be divided this way. Another way is through the U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this issue is the handling of disability benefits for child maintenance and support. 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 methods. For springmall.net instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds up the disability benefits to take into account that they are tax-free.

It is also important that veterans understand how divorce affects their disability benefits and how ex-spouses could slash their benefits. By being knowledgeable about these issues, veterans can safeguard their benefits and avoid unintended consequences.