How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man is permanently disabled as a result of his military service. He receives a monthly Pension benefit from the Department of festus veterans disability attorney Affairs.

He would like to find out if a verdict from a jury will affect his VA benefits. The answer is not. It will, however, affect the income sources of his other income sources.

Do I have the right to receive compensation for an accident?

You may be eligible to receive a settlement if you were 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 you could 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 injury or accident.

Jim, a 58 year veteran of the Vietnam war, was diagnosed as having permanent disabilities because of his two years of service. He hasn't got enough work space to be eligible for Social Security disability benefits but the VA Pension benefit which provides medical care and cash that is based on financial need. He wants to find out if a personal injury settlement would affect his eligibility to receive this benefit.

The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements consist of installments over time instead of one payment. The amount paid by the defendant is calculated to offset the existing VA benefits. In contrast, a lump sum payout is likely to affect any existing benefits because the VA considers it as income and will increase it. In any case, if there are excess assets remain after the twelve-month period when the settlement has been annualized Jim could apply again for the pension benefit, but only if his assets fall lower than a threshold with which the VA determines to be a financial need.

Do I Need to Hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of divorce cases. Some people think, for instance, that the Department of Veterans Affairs compensation payments can be split like an army retirement in divorce cases or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can result in financial mistakes that have serious repercussions.

While it is possible to do an initial claim for disability benefits on your own, most disabled veterans benefit from the assistance of a skilled lawyer. A qualified veteran's disability lawyer will examine your medical documents and gather the necessary evidence to make a convincing argument to the VA. The lawyer will also be able to file any appeals that you require to obtain the benefits you're entitled.

In addition, the majority of VA disability lawyers charge no fees for consultations. The government also pays the lawyer directly from your amount of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will receive should be clearly stated in your fee agreement. A fee agreement could say that, for instance, Mobile veterans disability attorney the government will give the attorney up to 20 percent of retroactive benefits. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA it is in the form of monthly payments. The funds are meant to offset the effects of injuries, diseases or disabilities that were sustained or aggravated during a veteran's service. The benefits for veterans with disabilities are subject to garnishment as is any other income.

Garnishment permits a court order that an employer or government agency withhold cash from the pay of a person who has an amount and then pay it directly to a creditor. In the event of divorce, garnishment can be used to pay child or spousal maintenance.

However, there are a few circumstances where a veteran's disability benefits could be refunded. Most common is the veteran who waived his military retirement in order to receive disability compensation. In these cases the pension portion that is allocated to disability compensation can be garnished to pay for family support obligations.

In other circumstances veterans' benefits could be seized to pay medical expenses or past-due federal student loans. In these instances a judge can refer a case directly to the VA for the information they require. A disabled veteran should seek out an experienced attorney to safeguard their disability benefits. This can stop them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge aid to kasson veterans disability lawyer and their families, however they don't come without their own set-of complications. For instance in the event that a veteran gets divorced and is awarded an VA disability settlement, they should be aware of what effect this will have on the benefits they receive.

In this context the most important question is whether or not disability payments are considered to be assets that can be divided in a divorce. This question has been answered in two ways. One is through an Colorado court of appeals decision which concluded that VA disability payments are not property and district of columbia veterans disability attorney can't be divided in this way. Another method is an U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran's VA disability payments to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern relating to this issue is the treatment of disability benefits to children for maintenance and support. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. Certain states take a different approach. Colorado, for example, takes all income sources together to determine the amount required to provide for a spouse. Colorado then adds disability benefits in order to account for their tax-free status.

Additionally, it is essential 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 being aware of these issues, veterans can ensure their compensation as well as avoid unintended consequences.