How a Veterans Disability Settlement Can Affect a Divorce Case

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

He wants to find out if a verdict from a jury will affect his VA benefits. It won't. It will, however, have an impact on the other sources of income he earns.

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

If you've been in the military and are now permanently disabled as a result of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can help you get compensation for medical bills, lost wages and other expenses related to your illness or injury. The kind of settlement you'll receive will depend on whether your condition is service-connected or non-service connected, the VA benefits you are eligible for, and the amount your injury or accident will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. Jim does not have enough space for work to qualify for Social Security Disability benefits, however, he can claim an VA Pension that offers free medical care and lawsuit cash depending on the financial needs of his. He wants to be aware of how a personal injury lawsuit can affect his ability to benefit from this benefit.

The answer is contingent upon whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are settlements that are paid over a period of time rather than as 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 affect any existing benefits because the VA considers it a tax-deductible income and will annually increase it. In any case, if there are excess assets are left over after the period of twelve months when the settlement is annualized, Jim could reapply for the Pension benefit but only if his assets are lower than a threshold with which the VA accepts as establishing financial need.

Do I need to employ an attorney?

Many service members, spouses, and former spouses have questions about VA disability payments and their impact on money issues in divorce. Some people think, for instance, that the Department of Veterans Affairs compensation payments can be divided like the military retirement in divorce cases or that they're "off limits" in calculating child support and alimony. These misconceptions could lead grave financial errors.

It is possible to submit a claim for disability benefits on your own, but most disabled veterans will require the help of a skilled lawyer. A skilled veteran's disability lawyer will examine your medical documents and gather the required evidence to make a convincing argument to the VA. The lawyer can also help to file any appeals that you need to get the benefits you are entitled to.

Moreover, most VA disability lawyers do not charge fees for consultations. Additionally the lawyer will typically be paid by the government directly out of the retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly define the percentage of retroactive benefits to be paid to your lawyer. A fee agreement may stipulate that, for example, the government will pay the attorney up 20% 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 received in the form of monthly payments. These payments are designed to help offset the effects of disability, illness, or injuries sustained during or aggravated during a veteran's military service. The benefits for muncie veterans Disability lawsuit' disability are subject to garnishment, like any other income.

Garnishment is a legal action that allows a court to require an employer or government agency to deduct funds from the wages of a person who owes money, and then send them directly to a creditor. In the event of divorce, garnishment may be used to pay spousal or child support or child support.

There are a few situations in which the benefits of a veteran could be encashable. The most frequent is the veteran who renounced his military retirement to receive disability compensation. In these situations the pension portion that is devoted to disability payments can be garnished in order to cover the obligations of family support.

In other circumstances, a veteran's benefits can be withdrawn to cover medical expenses or past-due federal student loans. In these cases a court may be able to direct the case to the VA to get the required information. It is crucial for disabled veterans to hire a knowledgeable lawyer to ensure that their disability benefits aren't garnished. This will prevent them from being forced to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans and their families. However, they come with certain complications. For example, if a veteran gets divorced and is awarded a VA disability settlement, they should know what this means for their benefits.

In this context the most important question is whether disability payments are considered assets that could be divided in a divorce. This question has been resolved in two ways. One option is a Colorado court of appeals decision, which found that VA disability payments are not property, and therefore cannot be divided as such. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability payments to pay alimony was a violation of USFSPA.

Another concern with this issue is the handling of disability benefits for child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from claiming disability benefits as income. Some states have different methods. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then adds the disability payments to take account that they are tax free.

Finally, it is important for veterans to be aware of how their disability compensation will be affected if they are divorced and how their ex-spouses may take advantage of their benefits. By being aware of these issues, signal mountain veterans disability attorney can safeguard their benefits and avoid unintended consequences.