How a battle ground veterans Disability lawsuit Disability Settlement Can Affect a Divorce Case

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

He wants to know if a verdict of a juror will affect his VA benefits. The answer is not. It will, however, affect the other sources of income he earns.

Can I Get Compensation for an accident?

You may be eligible to receive a settlement if you served in the military but are now permanently disabled because of injuries or illnesses. This settlement can help you receive compensation for your medical expenses, lost wages, and other expenses related to your injury or illness. The kind of settlement you'll get will depend on whether the condition is service-connected or not connected, which VA benefits you qualify for, and the amount your injury or accident will cost to treat.

Jim, a 58 year old Vietnam veteran, was diagnosed as having permanent disabilities as a result of his two years of service. He isn't in a position to have enough work space to qualify for Social Security Disability benefits, however, he is able to claim the VA Pension, which provides cash and medical treatment for free dependent on the amount of money he needs. He would like to know how a personal injuries settlement will affect his eligibility to be eligible for this benefit.

The answer is contingent upon whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are those that are made over a time period rather than in a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. However, a lump sum payment will likely affect any existing benefits because the VA considers it income and will annualize it. In either case, if excess assets are left over after the 12 month period when the settlement is annualized, Jim may be eligible to apply again for the Pension benefit but only if his assets fall lower than a threshold with which the VA is able to agree establishes financial need.

Do I need to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on the financial aspects of a divorce case. Some people think, for instance, that Department of Veterans Affairs compensation payments can be split as the military retirement in divorce cases, or that they're "off limits" when calculating child support and Alimony. These misconceptions could lead serious financial mistakes.

It is possible to file a claim for disability benefits yourself, [Redirect-302] but most disabled veterans would benefit from the assistance of a qualified lawyer. An experienced veteran's disability lawyer can review your medical documents and gather the required evidence to make a convincing case at the VA. The lawyer can also file any appeals you may require to get the benefits you are entitled to.

Furthermore, the majority of VA disability lawyers don't charge fees for consultations. The government also pays the lawyer directly from your payment 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 clearly outlined in your fee agreement. For instance the fee agreement could specify that the government will pay the lawyer up to 20% of the retroactive benefits or give. Any additional amounts are your obligation.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. The purpose of the payments is to alleviate the effects of injuries, diseases or disabilities sustained or aggravated by a veteran's time of service. The veterans disability benefits are subject to garnishment just like any other income.

Garnishment is a court-ordered procedure that an employer or government agency withhold money from the wages of a person who owes a debt and send it directly to a creditor. In the event of divorce, the garnishment could be used for child or spousal care.

There are some situations where the benefits of a veteran could be encashable. Most often, it is the case of a veteran who renounced his retirement from the military in order to receive disability compensation. In these instances the part of pension that is allocated to disability pay can also be garnished in order to fulfill the family support obligations.

In other circumstances, veteran's benefits could be seized to pay medical bills or federal student loans that are over due. In these cases, a court can go directly to the VA to obtain the information they need. A disabled veteran should hire an experienced attorney to protect their disability benefits. This will allow them to avoid being forced to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help to veterans and their families. However they do come with certain complications. For instance when a veteran is divorced and is awarded an VA disability settlement, they should know what this means for the benefits they receive.

In this regard, the main question is whether disability payments count as assets that can be split in divorce. This question has been addressed in two ways. A Colorado court of appeals ruling declared that VA disability payments were not property and could not be divided in this way. Another way is through the U.S. Supreme Court ruling in Howell which held that garnishing a veteran's VA disability benefits to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this subject is the treatment of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. However, certain states have taken the opposite approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse will need and then pluses up the disability benefits to take into account that they are tax-free.

It is also crucial that veterans understand how divorce affects their disability benefits and how their spouses who divorced could slash their benefits. By being aware of these issues, veterans can protect their compensation as well as avoid any unintended consequences.