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 verdict of a juror will affect his VA benefits. It will not. It will, however, affect his other income sources.

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

If you've served in the military, and are permanently disabled due to injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement will pay you for medical bills, lost income and other expenses resulting from your injury or sickness. The type of settlement you'll be able to get will depend on whether the condition is service-connected or not connected, which VA benefits you qualify for, as well as the amount your accident or injury will cost to treat.

Jim, a 58 year veteran of the Vietnam war, was diagnosed as having permanent disabilities due to his two years of service. He hasn't got enough work space to be eligible for Social Security disability benefits but there is a VA Pension benefit which provides medical care and cash dependent on financial need. He wants to determine if a personal accident settlement could affect his ability to be eligible for this benefit.

The answer will depend on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are those that are made over a long period of time rather than in a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. However, a lump sum payment will likely alter any existing benefits as the VA considers it as income and will increase it. In any case, if there are excess assets are left after the twelve month period when the settlement is annualized, Jim could reapply 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, military personnel, and former spouses are confused about VA disability compensation and the impact it has on money issues in a divorce case. There are many other reasons, but some people think that the Department of Veterans Affairs' compensation payments can be split as a military pension in divorce or are "off limits" when it comes to calculation of child support and alimony. These misconceptions could lead serious financial errors.

It is possible to file a claim for disability benefits on your own However, most disabled veterans will benefit from the assistance of a skilled lawyer. A veteran's disability attorney can look over your medical records and gather the evidence needed to argue your case before the VA. The lawyer will also be able to submit any appeals you require to receive the benefits you deserve.

Moreover, most VA disability lawyers charge no fees for consultations. Additionally the lawyer will typically be paid by the government directly from your award of retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will receive must be specified in your fee agreement. For Springdale veterans disability Lawyer instance, a fee agreement can stipulate that the government will pay the attorney up to 20% of the retroactive benefits or give. Any additional amounts will be your responsibility.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled springdale veterans disability lawyer. The funds are meant to offset the effects of injuries, diseases or disabilities sustained or aggravated during the course of a veteran's time of service. The veterans disability benefits are subject to garnishment just like other incomes.

Garnishment is a legal action that allows a court to order an employer or government agency to deduct funds from the wages of a person who is in debt and to send them directly to the creditor. In the case of divorce, garnishment can be used to pay spousal maintenance or child support.

However, there are a few situations in which a veteran's disability benefits are able to be garnished. The most common situation involves those who have renounced their military retirement to get disability compensation. In these instances the part of pension that is devoted to disability payments can be garnished in order to cover the obligations of family support.

In other instances, a veteran's benefit may be seized in order to pay for medical expenses or federal student loans that are past due. In these situations a court may be able to the VA to get the required information. It is crucial for a disabled veteran to retain a knowledgeable attorney 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 are a great assistance to calhoun veterans disability lawyer and their families. However they have specific complications. If a veteran gets divorced and receives a VA settlement, he or she should be aware of the implications to the benefits they receive.

In this context the most important question is whether disability benefits are considered assets which can be divided during a divorce. The issue has been resolved in a variety of ways. One option is a Colorado court of appeals decision that found that VA disability payments are not property and therefore cannot be divided as such. Another option is an U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran's VA disability benefits to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this subject is how disability benefits are treated for purposes of child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. Certain states take different approaches. Colorado for instance, adds all income sources together to determine the amount needed to support a spouse. It then adds on disability payments in order to take into account their tax-free status.

Finally, it is important that veterans understand how their disability compensation will be affected if they are divorced and how their ex-spouses can take advantage of their benefits. By being knowledgeable about these issues, veterans can safeguard their earnings and avoid any unintended consequences.