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 wants to be aware of whether a verdict by a jury will impact his VA benefits. It won't. However, it will have an impact on his other sources of income.

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

You may be eligible for a settlement if you have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement can help you get compensation for medical expenses, lost wages, and other expenses related to your injury or illness. The type of settlement you'll be able to receive will depend on whether your health condition is non-service connected, what VA benefits you are eligible for, and the amount your injury or accident will cost to treat.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He does not have enough working space to qualify for Social Security disability benefits but He does have a VA Pension benefit that provides cash and free medical care that is based on financial need. He would like to know if a personal injury settlement would affect his eligibility to get this benefit.

The answer depends on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are settlements that are paid over a time period rather than a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum payout is likely to affect any existing benefits because the VA considers it as income and will increase it. In the event that there are any excess assets remain after the twelve-month period after the settlement is annually recalculated, Jim could reapply for the Pension benefit, but only if his assets are less than a minimum threshold that the VA agrees establishes financial need.

Do I need to hire an attorney?

Many service members, spouses, and former spouses are concerned about VA disability payments and their impact on financial issues during a divorce. Some people believe, for instance, that the Department of Veterans Affairs compensation payments can be split as military retirements in a divorce case or that they're "off limits" in calculating child support and Alimony. These misconceptions can lead to grave financial errors.

It is possible to submit a claim for disability benefits by yourself, but most disabled jacinto city veterans disability law firm would require the help of a qualified lawyer. A veteran's disability attorney will review your medical records to gather the necessary evidence to prove your case in front of the VA. The lawyer can also file any appeals you may need in order to get the benefits you deserve.

Most VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from your payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will receive must be specified in your fee agreement. For instance your fee agreement may specify that the government will pay the attorney up to 20% of the retroactive benefits or give. Any additional amounts will be your the responsibility of the attorney.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA it is received in the form of monthly payments. The funds are intended to compensate for some of the effects of disabilities, diseases or injuries that are sustained or aggravated by a veteran's military service. As with all income, kalispell Veterans Disability lawsuit disability benefits could be subject to garnishment.

Garnishment is a legal procedure that allows a judge to make an order to an employer or government agency to omit funds from the paycheck of a person who owes money, and then send them directly to the creditor. In the event of a divorce garnishment may be used to pay child or spousal care.

However, there are certain situations where disability benefits may be garnished. The most common scenario is a veteran who waived their military retirement in order to receive disability compensation. In these instances, the amount of pension allocated to disability payments can be garnished for family support obligations.

In other instances, a veteran's benefits could be garnished in order to cover medical expenses or federal student loans that are over due. In these instances the court can go directly to the VA for the information they require. It is essential for a disabled veteran to work with a reputable attorney to ensure that their disability benefits are not being snatched away. This will help them avoid being forced to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge aid to veterans and their families, however they don't come without their own set of issues. For instance when a veteran is divorced and is awarded an VA disability settlement, they must be aware of how this could affect the benefits they receive.

One of the major issues in this regard is whether or not the disability payments count as divisible assets in a divorce. The question has been answered in two ways. A Colorado court of appeals decision found that VA disability payments were not property and therefore could not be divided this manner. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments to pay Alimony was against the USFSPA.

Another concern related to this issue is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. Some states have different methods. Colorado for instance, adds all income sources together to determine the amount required to support a spouse. It then adds disability income in order to take into account their tax-free status.

It is also important for veterans to understand how their disability compensation will be affected if they get divorced and how their ex-spouses can take advantage of their benefits. By knowing about these issues, veterans can protect their compensation and avoid unwanted consequences.