How a hope veterans disability lawyer Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man, is permanently disabled as a result of his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.

He wants to know if a jury verdict will impact his VA benefits. It won't. But it will have some impact on the other sources of income he has.

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

You could be eligible for a settlement in the event that you were in the military but are now permanently disabled because of injuries or illnesses. This settlement will help pay you for medical expenses, lost income and other expenses that resulted from your injury or sickness. The type of settlement you are eligible for will depend on whether your illness or injury is service-related, what VA benefits you qualify for, and the cost to treat your accident or injury.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He does not have enough space for work to qualify for Social Security Disability benefits, however, he does have a VA Pension that provides free medical care and cash according to his financial need. He wants to know if a personal injury settlement would affect his eligibility to get this benefit.

The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are based on 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 will likely affect existing benefits since the VA considers it a tax-deductible income and will annually increase it. If Jim has assets that are not used up after the settlement is annualized, he can reapply to receive the Pension benefit. However the assets must be under a limit that the VA has determined to be a financial necessity.

Do I need to employ an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its effect on money issues in a divorce case. Some people believe, for instance, that Department of Veterans Affairs compensation payments can be split as a military retirement in a divorce case or that they're "off limits" in calculating child support and alimony. These misconceptions can lead to serious financial mistakes.

It is possible to file an application for disability benefits on your own, but most disabled veterans will benefit from the assistance of a qualified lawyer. A veteran's disability attorney can look over your medical records and hope veterans disability lawyer collect the evidence necessary to argue your case before the VA. The lawyer can also help to submit any appeals you need to get the benefits you deserve.

The majority of VA disability lawyers do not charge for consultations. The government will also pay the lawyer directly from the payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will receive should be clearly stated in your fee agreement. For instance your fee agreement may state that the government will pay the lawyer up to 20% of the retroactive benefits or give. You will be responsible for any additional amount.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. The funds are meant to help offset the impact of diseases, injuries or disabilities that were sustained or aggravated by a veteran's time of service. Like all income, the edgewater veterans disability attorney disability benefits are subject to garnishment.

Garnishment is a legal procedure which allows a court require an employer or government agency to omit funds from the paycheck of a person who is in debt and to send them directly to the creditor. In the case of divorce, garnishment could be used to pay for spousal support or child support.

However, there are a few situations where disability benefits could be garnished. Most often, it is the case of a veteran who renounced his retirement from the military in order to receive disability compensation. In these scenarios the part of pension that is allocated to disability payments can be garnished in order to meet family support obligations.

In other cases, a veteran's benefits can be seized to pay medical expenses or past due federal student loans. In these cases, a court may be able to the VA to obtain the necessary information. It is crucial for a disabled veteran to retain a knowledgeable 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 can be a big help for veterans and their families, but they come with their own set of issues. For instance, if a veteran gets divorced and receives an VA disability settlement, they must be aware of what this means for the benefits they receive.

In this case one of the major issues is whether or not disability benefits are considered assets that can be divided in divorce. This 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 way. Another method is the U.S. Supreme Court ruling in Howell which held that garnishing the veteran's VA disability benefits to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue related to this subject is how disability benefits are interpreted for purposes of child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from claiming disability benefits as income. However, some states have chosen to take a different approach. Colorado for instance, takes all income sources together to determine the amount required to support a spouse. The state then adds disability benefits in order to account for their tax-free status.

Additionally, it is essential for veterans to understand how their disability compensation will be affected if they become divorced and how their spouses who divorced them can take advantage of their benefits. By being informed about these issues, glenwood springs veterans disability law firm can ensure their compensation and avoid any unintended consequences.