How a clearwater veterans disability law firm Disability Settlement Can Affect a Divorce Case

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

He would like to know how the jury's verdict will impact his VA benefits. The answer is that it will not. However, it will have an impact on the other sources of income he has.

Can I get compensation in the event of an accident?

If you have served in the military and are permanently disabled because of injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement can help you receive compensation for your medical bills, lost wages and other expenses related to your injury or illness. The type of settlement you'll be able to get will depend on whether the medical condition is service-connected, or not connected, which VA benefits you are eligible for, and what your accident or injury will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. He doesn't have enough work quarters to be eligible for Social Security disability benefits but he does have a VA Pension benefit that provides cash and medical treatment for free based on financial need. He wants to learn what the implications of a personal injury settlement will affect his eligibility to be eligible for this benefit.

The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements are based on installments over time instead of one payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum payment can impact any existing VA benefits since the VA will annually assess and count it as income. If Jim has assets that are not used up after the settlement is annually adjusted then he is eligible to be eligible for the pension benefit. However his assets must be less than a certain threshold that the VA has agreed establishes financial necessity.

Do I require an attorney?

Many service members, spouses, and former spouses have questions about VA disability payments and their effect on financial issues during a divorce. In addition, some people believe that the Department of vicksburg veterans Disability Lawsuit Affairs' compensation payments can be split as a military pension in divorce or are "off limits" in the calculation of child support and alimony. These misconceptions can lead to financial mistakes which can have serious consequences.

It is possible to file an application for disability benefits by yourself, but most disabled veterans would benefit from the assistance of a qualified lawyer. A skilled veteran's disability lawyer will review your medical records and gather all the necessary evidence to support your case to the VA. The lawyer will also be able to file any appeals you may need to get the benefits you're entitled to.

Most VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from your benefit of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The fee agreement should clearly define the percentage of retroactive benefits that will be paid to your lawyer. A fee agreement could stipulate for instance that the government would provide the attorney with 20% of retroactive benefits. You are responsible for any additional costs.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA, it comes in the form of monthly payments. The funds are intended to offset some of the effects of disability, illness or injuries incurred during or aggravated due to a veteran's military service. The benefits for veterans with disabilities are subject to garnishment, like any other income.

Garnishment is a court-ordered procedure that an employer or a government agency withhold money from the pay of an individual who owes the debt and pay it directly to a creditor. In the event of a divorce garnishment can be used for child or spousal maintenance.

There are certain situations where a veteran's benefits can be encashable. The most frequent is the veteran who has waived his military retirement in order to receive disability compensation. In these cases the amount of pension that is allocated to disability pay can also be garnished in order to fulfill the family support obligations.

In other circumstances, veteran's benefit may be garnished in order to cover medical expenses or federal student loans that are past due. In these situations the court could go directly to the VA to obtain the information they need. A disabled veteran should seek out an experienced attorney to safeguard their disability benefits. This will prevent 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 assistance to veterans and their families, but they do come with their own set of challenges. For instance the case where a veteran is divorced and is awarded a VA disability settlement, they need to know what effect this will have on their benefits.

One of the major issues in this regard is whether or not the disability payments are considered divisible assets in a divorce. This question has been resolved in two ways. A Colorado court of appeals decision declared that VA disability payments were not property and therefore could not be divided in this way. Another method is a U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran's VA disability payments to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern that is related to this topic is how the disability benefits are interpreted in the context of child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. However, some states have taken different approaches. Colorado, for example, adds all income sources together to determine the amount required to provide for a spouse. Colorado then adds disability income to reflect their tax-free status.

Finally, it is important for orono veterans disability lawyer to know how their disability benefits will be affected if they become divorced and how their spouses' ex-spouses could be able to garnish their compensation. By being informed about these issues, vets can safeguard their benefits and avoid unintended consequences.