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 is able to receive a monthly pension from the Department of Veterans Affairs.

He wants to know how the verdict of a jury will affect his VA benefits. It won't. But it will have an impact on the other sources of income he has.

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

If you've served in the military and are permanently disabled due to injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can allow you to receive compensation for your medical expenses, lost wages, and other costs resulting from your injury or illness. The type of settlement that you could receive will depend on whether or not your injury or illness is a result of a service connection, the VA benefits you are eligible to receive, and the amount to treat your accident or injury.

Jim, a 58 year veteran of Vietnam, was diagnosed as having permanent disabilities as a result of his two years of service. He isn't in a position to have enough space for work to qualify for Social Security Disability benefits, but he has the VA Pension, which provides cash and medical care for free depending on the financial needs of his. He wants to know if a personal injury settlement could affect his ability to get this benefit.

The answer is dependent on whether the settlement is in the form of an unintentional 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. A lump sum payment will affect any existing VA benefits because the VA will annually evaluate and consider it as income. If Jim has excess assets after the settlement has been annualized the applicant can apply again to receive the Pension benefit. However the assets must be below a threshold the VA has agreed establishes financial necessity.

Do I need to hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its effect on the financial aspects of a divorce case. Some people believe, among other things, that Department of palmview veterans disability lawsuit Affairs compensation payments can be split as the military retirement in divorce proceedings or that they're "off limits" in calculating child support and Alimony. These misconceptions may lead to serious financial mistakes.

It is possible to file an application for disability benefits yourself however, the majority of disabled eaton veterans disability law firm will benefit from the assistance from a competent lawyer. A veteran's disability lawyer can examine your medical records to gather the evidence required to prove your case before the VA. The lawyer can also file any appeals you might need to get the benefits you deserve.

Most VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from the payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will be paid must be specified in your fee agreement. For instance the fee agreement could specify that the government will pay the attorney up to 20% of retroactive benefits or give. You will be responsible for any additional amounts.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA, it comes in the form of monthly payments. The funds are intended to help offset the effects of diseases, disabilities or injuries sustained or aggravated during a veteran's military service. The veterans disability benefits are subject to garnishment, like any other income.

Garnishment lets a court order that an employer or government agency stop cash from the pay of a person who is in the process of paying an obligation and pay it directly to the creditor. In the case of a divorce, garnishment can be used to pay spousal support or child support.

However, there are certain circumstances where a veteran's disability benefits could be garnished. The most common scenario is a veteran who waived their military retirement to get disability compensation. In these instances, the portion of the pension allocated to disability payments can be garnished to pay family support obligations.

In other cases veterans' benefits could be seized to pay medical expenses or past-due federal student loans. In these situations the court might be able to the VA to obtain the necessary information. It is crucial for disabled veterans to hire a knowledgeable attorney to ensure that their disability benefits are not being snatched away. This will stop them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous help for veterans and their families, but they don't come without their own set of issues. If a veteran is divorced and receives a VA settlement and is eligible, they should know what this will do to the benefits they receive.

A major issue 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 is through an Colorado court of appeals decision which concluded that VA disability payments are not property and cannot be divided in this way. Another way is through an U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability payments to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this issue is the treatment of disability benefits for child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from counting disability benefits as income. However, certain states have chosen to take different approaches. Colorado for instance adds all income sources together to determine the amount needed to support a spouse. The state then adds disability payments in order to take into account their tax-free status.

It is also important that casa grande veterans Disability attorney understand the impact divorce has on their disability compensation and how ex-spouses could take advantage of their compensation. By being informed about these issues, vets can protect their income and avoid unintended consequences.