How a Olathe Veterans Disability Lawsuit Disability Settlement Can Affect a Divorce Case

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

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

Can I claim 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 port lavaca veterans disability lawsuit disability settlement. This settlement will allow you to get compensation for medical expenses, lost wages, and other expenses related to your illness or injury. The type of settlement you will receive will depend on whether or not your injury or illness is service-related, what VA benefits you are eligible for, and the amount you will need to treat your accident or injury.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He doesn't have enough work space to qualify for Social Security Disability benefits, but he has an VA Pension that offers cash and medical care for free depending on the financial needs of his. He would like to be aware of whether a personal injury settlement would affect his eligibility to receive this benefit.

The answer is dependent on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are the ones that are paid over a time period rather than a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will affect any existing VA benefits since the VA will annualize and consider it to be income. In any case, if there are excess assets are left after the twelve month period after the settlement is annually recalculated, Jim could reapply for the Pension benefit but only if his assets are below a certain threshold that the VA agrees establishes financial need.

Do I really need to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on money issues in divorce cases. There are many other reasons, but some people believe that the Department of Veterans Affairs' compensation payments are able to be divided like a pension from a military service in a divorce or that they are "off limits" in the calculation of child support and Alimony. These misconceptions may lead to serious financial mistakes.

While it is possible to make an initial claim for disability benefits on your own, the majority of disabled veterans benefit from the assistance of a professional attorney. A skilled veteran's disability lawyer will review your medical records and gather all the necessary evidence to make a convincing case to the VA. The lawyer will also be able to make any appeals you need to get the benefits you deserve.

In addition, the majority of VA disability lawyers charge no fees for consultations. The government also pays the lawyer directly from the benefit of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will receive should be clearly stated in your fee agreement. For instance your fee agreement may specify that the government will pay the attorney up to 20% of the retroactive benefits or give. You will be accountable for any additional costs.

Can I Garnish My VA Benefits?

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

Garnishment allows a court order that an employer or a government agency withhold money from the wages of a person who owes a debt and send it directly to the creditor. In the event of divorce, garnishment may be used to pay for spousal support or child support.

There are a few situations in which west haverstraw veterans disability lawyer' benefits could be repaid. The most frequent is the veteran who has renounced his military retirement in order to receive disability compensation. In these situations, the portion of the pension that is allocated to disability pay can be garnished to pay family support obligations.

In other circumstances it is possible for a veteran's benefits to be seized to pay medical expenses or past due federal student loans. In these cases the court might be able to directly to the VA to get the required information. It is essential for a disabled veteran to work with a reputable attorney to ensure that their disability benefits aren't removed. This will 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 an enormous aid to veterans and their families, however they do come with their own set-of complications. If a veteran is divorced and receives a VA settlement it is important to know what this will do to their benefits.

In this case, the main question is whether disability payments are considered assets which can be divided during a divorce. This question has been addressed in two ways. One option is a Colorado court of appeals decision, which found that VA disability payments are not property and cannot be divided in that way. Another way is through the U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran's VA disability benefits to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this subject is how disability benefits are treated in the context of child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from claiming disability benefits as income. Certain states use different methods. Colorado is one example. It adds all income sources together to determine the amount required to support a spouse. It then adds disability benefits in order to take into account their tax-free status.

In the end, it is crucial that veterans understand how their disability benefits will be affected when they get divorced and how their spouses who divorced them can garnish their compensation. By being informed about these issues, vets can protect their income as well as avoid unintended consequences.