How a Veterans Disability Settlement Can Affect a Divorce Case

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

He would like to know how a jury award will affect his VA benefits. It will not. But it will have some impact on the other sources of income he has.

Do I have the right to receive compensation in the event of an accident?

You may be eligible for a settlement in the event that you were a soldier but are now permanently disabled because of injuries or illnesses. This settlement can help you get compensation for medical bills, lost wages, and other expenses that result from your illness or injury. The type of settlement you'll get will depend on whether the condition is service-connected or non-service connected, which VA benefits you are eligible 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 as having permanent disabilities because of his two years of service. Jim does not have enough space for work to be eligible for Social Security Disability benefits, however, he can claim an VA Pension that offers cash and medical care for free based on his financial need. He wants to understand what the implications of a personal injury settlement can affect his ability to be eligible for this benefit.

The answer will depend on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are the ones that are paid over a long period of time instead of in one payment and the amount received by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum settlement will probably alter any existing benefits as the VA considers it a tax-deductible income and will annually increase it. If Jim has excess assets after the settlement is annually adjusted, he can reapply to receive the Pension benefit. However the assets must be under a limit that the VA has set that establishes financial necessity.

Do I really need to hire an Attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on financial issues in divorce cases. Some people believe that the Department of desoto veterans disability law firm Affairs' compensation payments can be split as a military pension in a divorce or that they are "off limits" when it comes to calculation of child support and alimony. These misconceptions could lead to serious financial errors.

While it is possible to file an initial claim for disability benefits on your own, many disabled veterans get the help of a qualified lawyer. A veteran's disability attorney can examine your medical records in order to collect the evidence necessary to present a convincing case to the VA. The lawyer will also be able to submit any appeals you require to obtain the benefits you deserve.

Additionally, the majority of VA disability lawyers don't charge fees for consultations. The government will also pay the lawyer directly from the amount 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 must be specified in your fee agreement. For example your fee agreement may stipulate that the government will pay the attorney up to 20% of retroactive benefits or pay. Any additional amount is your the responsibility of the attorney.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled arlington heights veterans disability attorney. These payments are designed to help offset the effects of disability, illness or injuries sustained or aggravated due to a veteran's military service. Like other income sources, veterans disability benefits are subject to garnishment.

Garnishment can be a legal proceeding that allows a judge to require an employer or government agency to omit funds from the pay of an employee who owes money and send them directly to an individual creditor. In the event of divorce, garnishment can be used to pay spousal or child support or child support.

However, there are a few situations in which a veteran's disability benefits are able to be refunded. Most common is the veteran who renounced his military retirement to receive disability compensation. In these instances, the amount of pension allocated to disability payments can be garnished for family support obligations.

In other circumstances, a veteran's benefits can be seized to pay medical expenses or past-due federal student loans. In these instances the court might be able to directly to the VA to obtain the necessary information. It is essential for a disabled veteran to find a competent lawyer to ensure that their disability benefits aren't being snatched away. 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 a huge assistance to veterans and their families. However they also come with their own set complications. If a veteran is divorced and receives a VA settlement then they must be aware of what this might do to their benefits.

In this context, the main question is whether disability benefits are considered assets that can be split during a divorce. This issue has been addressed in a variety of ways. One is through the Colorado court of appeals ruling that concluded that VA disability payments are not property and cannot be divided as such. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability payments to pay alimony was a violation of USFSPA.

Another concern related to this topic is the treatment of disability benefits to children for support and maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from claiming disability benefits as income. However, some states have chosen to take an alternative approach. Colorado for instance adds all income sources together to determine the amount required to support a spouse. The state then adds on disability payments in order to take into account their tax-free status.

In the end, it is crucial that veterans understand how their disability compensation will be affected when they get divorced and how their spouses' ex-spouses could take advantage of their benefits. By being knowledgeable about these issues, veterans can ensure the security of their compensation and avoid unintended consequences.