How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled because of his military service. He is able to receive a monthly pension from the Department of Veterans Affairs.

He wants to know if a jury award will affect his VA benefits. It won't. However, it will have an impact on his other income sources.

Can I Receive Compensation for an Accident?

If you've served in the military and are permanently disabled as a result of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can help you receive compensation for your medical bills, lost wages, and classicalmusicmp3freedownload.com other expenses resulting from your illness or injury. The type of settlement you are eligible for will depend on whether or not your illness or injury is service-related, what VA benefits you are eligible for, as well as the cost to treat your accident or injury.

Jim is a 58 year old Vietnam veteran was diagnosed with permanent disabilities due to his two years of service. He isn't in a position to have enough space for work to be eligible for Social Security Disability benefits, however, he can claim a VA Pension that provides free medical care and asystechnik.com cash depending on the financial needs of his. He would like to know how a personal injuries settlement will affect his eligibility to get this benefit.

The answer is dependent on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are the ones that are paid over a period of time rather than as a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment can affect any existing VA benefits since the VA will annually calculate and consider it as income. In any case, if there are excess assets are left over after the twelve-month period after the settlement is annually recalculated, Jim could reapply for the pension benefit, but only if his assets are below a threshold that the VA is able to agree establishes financial need.

Do I Need to Hire an Attorney?

Many spouses, service members, and former spouses are concerned about VA disability payments and their effect on financial issues in divorce. Some people believe, for instance, that Department of Veterans Affairs compensation payments can be split like a military retirement in divorce proceedings or that they're "off limits" in calculating child support and alimony. These misconceptions can result in financial mistakes that have serious consequences.

While it is possible to do an initial claim for disability benefits by yourself, the majority of disabled veterans can benefit from the help of a qualified attorney. A veteran's disability attorney can examine your medical records in order to collect the evidence necessary to present a convincing argument before the VA. The lawyer can also file any appeals you might require to receive the benefits you deserve.

Most VA disability lawyers do not charge for consultations. In addition, the lawyer will generally be paid by the government directly out of the retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past-due benefits your lawyer will be paid should be clearly stated in your fee agreement. For instance the fee agreement could stipulate that the government will pay the attorney up to 20% of retroactive benefits or provide. Any additional amount is 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. These payments are designed to alleviate some of the effects of diseases, disabilities or injuries sustained or aggravated due to a veteran's military service. As with all income, veterans disability benefits could be subject to garnishment.

Garnishment lets a court order that an employer or a government agency withhold funds from the paycheck of a person who is in the process of paying an amount and then pay it directly to the creditor. In the case of a divorce, garnishment could be used to pay for spousal support or child support.

There are some situations where the benefits of a veteran could be garnished. The most common situation involves those who have renounced their military retirement in order to claim disability compensation. In these situations, the amount of pension that is allocated to disability pay can be garnished to pay family support obligations.

In other situations, veteran's benefits could be garnished in order to cover medical expenses or federal student loans that are over due. In these instances a judge can refer a case directly to the VA for the information they require. It is important for disabled veterans to find a competent attorney to ensure that their disability benefits aren't garnished. 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 help to bellflower veterans disability lawyer as well as their families. However they do come with certain complications. If a person divorces and receives an VA settlement it is important to be aware of the implications to the benefits they receive.

A major issue in this regard is whether or not the disability payments are considered divisible assets in a divorce. The issue has been resolved in a couple of ways. One method is a Colorado court of appeals decision, which found 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 with this subject is how disability benefits are treated for purposes of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. Certain states employ different methods. Colorado for instance takes all income sources together to determine the amount needed to support a spouse and then adds disability income to reflect their tax-free status.

It is also crucial that veterans know how divorce affects their disability benefits and how ex-spouses can slash their income. By being informed about these issues, veterans can protect their income and avoid any unintended consequences.