How a Veterans 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 from the Department of polson veterans disability attorney Affairs.

He would like to be aware of whether a verdict by a jury will impact his VA benefits. It won't. It will, however, affect his other income sources.

Can I Receive Compensation for an Accident?

If you've been in the military, and are permanently disabled as a result of injuries or illnesses, you could be eligible for a aberdeen Veterans Disability lawyer - Https://vimeo.com/ - disability settlement. This settlement will help pay you for medical bills, lost income, and other expenses resulting from your injury or sickness. The kind of settlement you'll receive depends on whether your condition is service-connected or non-service connected, which VA benefits you qualify for, as well as the amount your accident or injury will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He doesn't have enough space for work to be eligible for Social Security Disability benefits, but he has a VA Pension that provides cash and medical treatment for free dependent on the amount of money he needs. He wants to understand how a personal injuries settlement will affect his ability to be eligible for this benefit.

The answer will depend on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are the ones that are paid over a time frame instead of in one payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum settlement will probably alter any existing benefits as the VA considers it to be income and will annually calculate it. If Jim has excess assets after the settlement is annually adjusted then he is eligible to receive the Pension benefit. However, his assets must be under a limit that the VA has set to establish financial necessity.

Do I require an attorney?

Many spouses, military personnel, and former spouses are concerned about VA disability payments and their effect on financial issues in divorce. Some people believe, among other things that Department of Veterans Affairs compensation payments can be divided like a military retirement in a divorce case or that they're "off limits" when calculating child support and Alimony. These misconceptions can lead to financial errors that can have grave consequences.

While it is possible to submit an initial claim for disability benefits by yourself, the majority of disabled veterans get the help of a qualified attorney. A veteran's disability attorney will examine your medical records to collect the evidence necessary to make a strong case before the VA. The lawyer can also file any appeals that you may need in order to receive the benefits you deserve.

Furthermore, the majority of VA disability lawyers don't charge fees for consultations. The government also pays the lawyer directly from your award of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will receive should be clearly stated in your fee agreement. For instance, a fee agreement can specify that the government will pay the lawyer up to 20% of the retroactive benefits or award. You are responsible for any additional costs.

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 payments are meant to alleviate some of the consequences of illnesses, disabilities or injuries that are sustained or aggravated due to a veteran's military service. The benefits for veterans with disabilities are subject to garnishment just like other incomes.

Garnishment is a legal process which allows a court require an employer or government agency to omit funds from the pay of someone who owes money and transfer them directly to an individual 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 veterans' benefits could be encashable. Most often, it is the case of a veteran who renounced his military retirement in order to receive disability compensation. In these instances the amount of pension that is allocated to disability payments can be garnished in order to pay for family support obligations.

In other cases, a veteran's benefit may be garnished to pay for medical expenses or federal student loans that are over due. In these instances the court might be able to directly to the VA to get the required information. It is essential for disabled veterans to hire a knowledgeable attorney to ensure that their disability benefits aren't being snatched away. This will prevent them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous assistance to veterans and their families. However they also come with specific complications. For example in the event that a veteran gets divorced and is awarded a VA disability settlement, they should be aware of how this will affect the benefits they receive.

One of the major issues in this regard is whether disability payments are considered to be divisible assets in a divorce. This question has been answered in two ways. One method is an Colorado court of appeals decision that found that VA disability payments are not property and therefore cannot be divided as such. Another method is a 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 issue related to this topic is how the disability benefits are interpreted for purposes of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. However, some states have taken an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds disability benefits to take into the fact that they are tax-free.

Finally, it is important for veterans to understand how their disability benefits will be affected if they get divorced and how their ex-spouses may affect their compensation. By being informed about these issues, vets can safeguard their benefits as well as avoid unintended consequences.