How a Veterans Disability Law Firms Disability Settlement Can Affect a Divorce Case

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

He would like to know how the verdict of a jury will affect his VA benefits. The answer is not. However, it could have an impact on his other sources of income.

Can I get compensation for an Accident?

You could be eligible for a settlement if you have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement will pay you for medical bills, lost income, and other expenses resulting from your injury or sickness. The type of settlement you'll get will depend on whether the health condition is non-service connected, what VA benefits you are eligible for, and what your injury or accident will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. He doesn't have enough space for work to be eligible for Social Security Disability benefits, however, he can claim the VA Pension, which provides cash and medical treatment for free according to his financial need. He wants to learn how a personal injury lawsuit could affect his eligibility to get this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements are settlements that are paid over a time period rather than as a single payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum settlement can impact any existing VA benefits since the VA will annualize and consider it as income. If Jim has excess assets after the settlement is annually adjusted, he can reapply to receive the Pension benefit. However the assets he has to be under a limit that the VA has set to establish financial necessity.

Do I need to employ an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of divorce cases. Some people believe, among other things that Department of veterans disability lawyer Affairs compensation payments can be divided like a military retirement in divorce cases or that they're "off limits" when calculating child support and alimony. These misconceptions can lead to financial errors that can have grave consequences.

It is possible to file an application for disability benefits yourself However, most disabled veterans would benefit from the assistance of a skilled lawyer. A qualified veteran's disability lawyer can examine your medical documents and gather the necessary evidence to support your argument to the VA. The lawyer can also file any appeals you may need in order to receive the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. Additionally, the lawyer will generally be paid by the government directly from your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will be paid must be specified in your fee agreement. For example the fee agreement could provide that the government can pay the attorney up to 20% of retroactive benefits or pay. Any additional amounts will be your the responsibility of the attorney.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The funds are meant to compensate for the effects of injuries, illnesses or disabilities sustained or worsened during the veteran's service. Like all income, veterans disability Law Firms the veterans disability benefits can be subject to garnishment.

Garnishment permits a court order that an employer or government agency deduct money from the wages of a person who is in the process of paying a debt and send it directly to a creditor. In the event of a divorce, garnishment can be used to pay spousal or child support or child support.

There are a few situations in which the benefits of a veteran can be repaid. The most common scenario involves those who have renounced their military retirement in order to receive disability compensation. In these scenarios the pension portion that is allocated to disability compensation can be garnished in order to cover the obligations of family support.

In other instances it is possible for a veteran's benefits to be garnished to pay for medical expenses or past due federal student loans. In these instances the court might be able to the VA to get the required information. It is essential for disabled veterans disability lawsuits to hire a knowledgeable attorney to ensure that their disability benefits aren't taken away. This will allow them to avoid being forced to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge aid to veterans and their families. However they have their own set complications. For example, if a veteran gets divorced and receives a VA disability settlement, they need to know how this will affect the benefits they receive.

A major issue in this context is whether or not disability payments are considered divisible assets in divorce. This issue has been addressed in a variety of ways. A Colorado court of appeals ruling declared that VA disability payments were not property and therefore could not be divided in this way. Another option is a U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability payments to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this subject is how disability benefits are treated to determine child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. Certain states use an alternative approach. Colorado is one example. It adds all sources of income together to determine the amount required to support a spouse and then adds disability benefits to account for their tax-free status.

It is also essential that veterans are aware of the impact divorce has on their disability benefits and how ex-spouses can slash their income. By being aware of these issues, veterans can ensure the security of their compensation and avoid unwanted consequences.