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 benefit from the Department of Veterans Affairs.

He would like to find out if a verdict from a jury will affect his VA benefits. It will not. But 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 now permanently disabled due to injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will allow you to receive compensation for your medical bills, lost wages, and other costs resulting from your injury or illness. The kind of settlement you'll be able to get will depend on whether the condition is service-connected or non-service connected, what VA benefits you qualify for, and how much your accident or injury will cost to treat.

Jim who is a 58-year veteran of the Vietnam war was diagnosed with permanent disabilities as a result of his two years of service. He hasn't got enough work space to qualify for Social Security disability benefits but he does have a VA Pension benefit which provides cash and free medical care in accordance with financial need. He wants to be aware of whether a personal injury settlement would affect his ability be eligible for 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 period of time rather than in a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will likely impact any benefits already in place because the VA considers it income and will annualize it. In the event that there are any excess assets are left after the period of twelve months when the settlement is annualized Jim could reapply for the Pension benefit, but only if his assets are lower than a threshold with which the VA is able to agree establishes financial need.

Do I really need to hire an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its effect on money issues in divorce cases. In addition, some people think that the Department of Veterans Affairs' compensation payments can be divided as a military pension in a divorce or that they are "off limits" in the calculation of child support and alimony. These misconceptions could lead to serious financial mistakes.

While it is possible to make an initial claim for disability benefits by yourself, the majority of disabled veterans benefit from the help of a qualified lawyer. A veteran's disability attorney can review your medical records to collect the evidence necessary to present a convincing case in front of the VA. The lawyer can also file any appeals that you might need to get the benefits you are entitled to.

Most VA disability lawyers don't charge 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 amount of retroactive past-due benefits your lawyer will receive should be clearly outlined in your fee agreement. A fee agreement may stipulate for instance that the government would provide the attorney with 20% of retroactive benefits. The attorney is responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans disability lawsuit. The funds are meant to compensate for the effects of injuries, diseases or disabilities that have been sustained or worsened during the veteran's time of service. Like all incomes, concord veterans Disability Lawyer benefits for veterans with disabilities are subject to garnishment.

Garnishment can be a legal proceeding that allows a court to make an order to an employer or government agency to deduct funds from the wages of a person who is in debt and to send them directly to an individual creditor. In the event of divorce, garnishment can be used to pay child or spousal maintenance.

There are some situations where veterans' benefits could be encashable. The most common scenario involves the veteran who has waived their military retirement in order to claim disability compensation. In these cases the portion of the pension that is allocated to disability pay can be garnished to pay family support obligations.

In other circumstances, veteran's benefits may also be garnished to pay medical expenses or federal student loans that are over due. In these instances, a court may be able to the VA to get the required information. A disabled veteran should employ an experienced attorney to safeguard their disability benefits. This can help them avoid being forced to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to veterans and their families. However they also come with their own set of complications. If a veteran divorces and receives an VA settlement and is eligible, they should be aware of the implications to the benefits they receive.

In this case, the main question is whether disability payments are considered to be assets that can be split in divorce. This question has been addressed in two ways. A Colorado court of appeals decision determined that VA disability payments were not property and therefore could not be divided in this way. Another way is through the U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits 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 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 counting disability benefits as income. However, some states have taken different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then adds the disability benefits to take into the fact that they are tax-free.

Finally, it is important for concord veterans disability lawyer (My Web Site) to understand how their disability benefits will be affected if they become divorced and how their spouses' ex-spouses could garnish their compensation. By being informed about these issues, veterans can protect their income and avoid any unintended consequences.