How a high springs veterans disability attorney Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man is permanently disabled because of his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.

He would like to know if a verdict of a juror will affect his VA benefits. It will not. However, it will affect 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 but are now permanently disabled as a result of injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement can help you receive compensation for your medical bills, lost wages and other expenses that result from your illness or injury. The kind of settlement you could receive will depend on whether or not your illness or injury is service-related, what VA benefits you are eligible for, and the amount you will need to treat your accident or injury.

Jim, a 58 year old Vietnam veteran, was diagnosed as having permanent disabilities due to his two years of service. He does not have enough work space to qualify for Social Security disability benefits but He does have a VA Pension benefit which provides medical care and cash dependent on financial need. He wants to determine if a personal accident settlement would affect his eligibility to get this benefit.

The answer is dependent on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements involve the payment of over time, rather than one payment. The amount paid by the defendant is calculated to offset existing VA benefits. However, a lump sum payment will likely affect any existing benefits because the VA considers it income and will annualize it. If Jim has extra assets after the settlement is annually adjusted, he can reapply to be eligible for the pension benefit. However the assets must be below a threshold the VA has set that establishes financial necessity.

Do I need to hire an attorney?

Many spouses, military personnel and former spouses have questions about VA disability payments and their impact on financial issues during divorce. Some people believe, among other things that the Department of Veterans Affairs compensation payments can be split like a military retirement in divorce cases or that they're "off limits" in calculating child support and alimony. These misconceptions can lead to financial errors which can have serious consequences.

While it is possible to file an initial claim for disability benefits on your own, most disabled veterans benefit from the assistance of an experienced lawyer. A skilled veteran's disability lawyer can examine your medical records and gather the necessary evidence to support your case at the VA. The lawyer can also file any appeals you might need to receive the benefits you are entitled to.

Most VA disability lawyers do not charge for consultations. In addition the lawyer will typically be paid by the government directly from your retroactive past due benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly define the amount of retroactive benefits that will be paid to your lawyer. For example your fee agreement may specify that the government will pay the attorney up to 20% of the retroactive benefits or give. You will be responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The payments are meant to compensate for some of the effects of disability, illness or injuries incurred during or aggravated by a veteran's military service. Like all incomes, veterans disability benefits can be subject to garnishment.

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

There are a few situations in which a veteran's disability benefits can be repaid. The most frequent scenario involves those who have renounced their military retirement to get disability compensation. In these instances, the portion of the pension apportioned to disability pay may be garnished for family support obligations.

In other circumstances, veteran's benefits may also be seized in order to pay medical bills or federal student loans that are past due. In these situations the court may be able to direct the case to the VA to obtain the necessary information. It is important for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits aren't taken away. This can help them avoid having to depend on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous aid to breckenridge hills Veterans disability attorney and their families, however they do come with their own set of issues. For example when a veteran is divorced and is awarded a VA disability settlement, they should be aware of what this means for their benefits.

In this case, belfast veterans disability Law firm the main question is whether or not disability payments count as assets that can be divided during a divorce. The question has been answered in two ways. One method is a Colorado court of appeals ruling that concluded that VA disability payments are not property and cannot be divided in that way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments to pay the purpose of alimony was in violation of USFSPA.

Another concern related to this subject is the treatment of disability benefits to children for maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from utilizing disability benefits as income. Some states have a different approach. Colorado for instance adds all sources of income together to determine the amount required to support a spouse and then adds disability payments in order to account for their tax-free status.

It is also vital to know the impact divorce has on their disability benefits and how ex-spouses could slash their benefits. By being aware of these issues, veterans can ensure the security of their compensation and avoid unintended consequences.