How a spring lake heights veterans disability law firm (vimeo.com) Disability Settlement Can Affect a Divorce Case

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

He wants to know if the verdict of a jury will affect his VA benefits. The answer is that 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?

If you've served in the military and are now permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will pay you for medical expenses, lost income and other expenses that resulted from your injury or sickness. The kind of settlement you will receive will depend on whether or not your illness or injury is service-connected, what VA benefits you are eligible for, and the amount you will need to treat your injury or accident.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He doesn't have enough space for work to qualify for Social Security Disability benefits, however, he is able to claim an VA Pension that offers cash and medical treatment for free based on his financial need. He would like to know if a personal injury settlement will affect his ability to get this benefit.

The answer is contingent upon whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements require payments over time rather than one lump sum payment. The amount paid by the defendant is calculated to offset existing VA benefits. A lump sum payment can impact any existing VA benefits because the VA will annually assess and count it income. If Jim has assets that are not used up after the settlement is annualized, he can reapply to be eligible for the pension benefit. However his assets must be below a threshold the VA has set to establish financial necessity.

Do I need to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its impact on the financial aspects of a divorce case. Some people believe, among other things that Department of Veterans Affairs compensation payments are split like military retirements in divorce cases or that they're "off limits" in calculating child support and Alimony. These misconceptions can lead to serious financial errors.

It is possible to file a claim for disability benefits yourself However, most disabled veterans would benefit from the assistance of a qualified lawyer. An experienced veteran's disability lawyer can review your medical records and gather the necessary evidence needed to build a strong argument to the VA. The lawyer can also file any appeals that you might need to get the benefits you deserve.

In addition, the majority of VA disability lawyers don't charge fees for consultations. The government also pays the lawyer directly from your benefit of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will be paid should be outlined in your fee agreement. A fee agreement could say that, for instance, the government would give the attorney up to 20% of retroactive benefits. Any additional amounts are your to pay.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA the compensation is paid in the form of monthly payments. The funds are intended to help offset the effects of disability, illness or injuries incurred during or aggravated due to a veteran's military service. As with all income, benefits for veterans with disabilities are subject to garnishment.

Garnishment is a legal procedure that permits a court to require an employer or government agency to withhold funds from the paycheck of a person who owes money and send them directly to the creditor. In the case of divorce, garnishment could be used to pay for spousal support or child support.

There are a few circumstances where a veteran's disability benefits may be repaid. The most common scenario is that of a veteran who waived his retirement from the military in order to receive disability compensation. In these cases the pension portion that is allocated to disability compensation can be garnished in order to cover the obligations of family support.

In other cases it is possible for a veteran's benefits to be garnished to pay for medical expenses or past due federal student loans. In these situations, a court may be able to direct the case to the VA to obtain the necessary information. A disabled veteran should seek out an experienced attorney to protect their disability benefits. This will prevent them from having to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big benefit for downingtown veterans disability attorney and their families, however they don't come without their own set of complications. For instance in the event that a veteran gets divorced and is awarded a VA disability settlement, they need to know how this will affect their benefits.

In this regard one of the major issues is whether or not disability payments count as assets that could be divided during a divorce. The issue has been resolved in a variety of ways. One method is an Colorado court of appeals decision that found that VA disability payments are not property and therefore 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 against the USFSPA.

Another concern with this topic is the treatment of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. However, certain states have adopted a different approach. Colorado for instance takes all income sources together to determine the amount needed to support a spouse. The state then adds disability benefits to reflect their tax-free status.

It is also essential to know the impact divorce has on their disability benefits and how ex-spouses can garnish their compensation. By being aware of these issues, pittsfield veterans disability lawyer can safeguard their benefits and avoid any unintended consequences.