How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled from his time in the military. He receives a monthly Pension benefit from the Department of gulfport veterans disability lawyer Affairs.

He wants to be aware of whether a verdict by a jury will impact his VA benefits. The answer is that it will not. It will, however, affect his other sources of income.

Do I have the right to receive compensation for an Accident?

If you've served in the military and are now permanently disabled as a result of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement could help you get compensation for medical bills, lost wages, and other costs resulting from your injury or illness. The type of settlement that you will receive will depend on whether your injury or illness is related to service, what VA benefits you qualify for, and the amount you will need to treat your injury or accident.

Jim, a 58-year veteran of Vietnam, was diagnosed as having permanent disabilities due to his two years of service. He does not have enough work space to qualify for Social Security disability benefits but there is a VA Pension benefit, which offers cash and medical treatment for free in accordance with financial need. He would like to determine if a personal accident 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 those that are made over a long period of time rather than as a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. However, a lump sum settlement will probably impact any benefits already in place because the VA considers it a tax-deductible income and will annually increase it. If Jim has surplus assets after the settlement has been annualized the applicant can apply again to be eligible for the pension benefit. However the assets must be below a minimum threshold that the VA has set to establish financial necessity.

Do I need to employ an attorney?

Many spouses, military personnel, and former spouses have concerns about VA disability benefits and their impact on financial issues during divorce. There are many other reasons, but some people think that the Department of Veterans Affairs' compensation payments can be split as a military pension in divorce or are "off limits" when it comes to calculation of child support and alimony. These misconceptions could lead to grave financial errors.

It is possible to file an application for disability benefits by yourself however, the majority of disabled veterans will require the help of a qualified lawyer. A veteran's disability lawyer can review your medical records to gather the evidence needed to prove your case to the VA. The lawyer can also help to file any appeals you may need to get the benefits you are entitled to.

In addition, the majority of VA disability lawyers charge no fees for consultations. Additionally the lawyer will typically be paid by the government directly from your retroactive past-due 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 stipulate for instance that the government would pay the attorney 20 percent of retroactive benefits. You will be responsible for any additional amount.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA the compensation is paid in the form of monthly payments. The payments are intended to compensate for the effects of injuries, diseases or disabilities that were sustained or aggravated by a veteran's time of service. Like all income, the benefits for veterans with disabilities are subject to garnishment.

Garnishment is a legal action which allows a court decide that an employer or a government agency to take money from the pay of someone who owes money and transfer them directly to a creditor. In the event of divorce, garnishment could be used to pay spousal support or child support.

However, there are certain situations in which a veteran's disability benefits could be garnished. Most often, it is the case of a veteran who has renounced his retirement from the military in order to receive disability compensation. In these situations the amount of pension that is allocated to disability payments can be garnished in order to pay for family support obligations.

In other situations la habra heights veterans disability lawsuit' benefits could be seized to pay medical expenses or past due federal student loans. In these instances the court can go directly to the VA for the information they require. A disabled veteran should hire an experienced attorney to safeguard their disability benefits. 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 are a tremendous assistance to Monroe veterans disability attorney and their families. However, they come with their own set of complications. For instance in the event that a veteran gets divorced and receives a VA disability settlement, they should be aware of how this will affect the benefits they receive.

A major issue in this regard is whether or not disability payments are considered to be divisible assets in a divorce. The issue has been resolved in a variety of ways. One method is the Colorado court of appeals ruling that concluded that VA disability payments are not property and can't be divided in that way. 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 maintenance and support. 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. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds up the disability payments to take the fact that they are tax-free.

In the end, it is crucial for veterans to be aware of how their disability compensation will be affected when they get divorced and how their spouses' ex-spouses could be able to garnish their compensation. If they are aware of these issues, veterans can protect their benefits and avoid unwanted consequences.