How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, 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 affect his VA benefits. It will not. But it will have an impact on his other sources of income.

Can I receive compensation in the event of an accident?

You could be eligible for a settlement in the event that you were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement will allow you to receive compensation for your medical bills, lost wages, and other costs resulting from your injury or illness. The type of settlement that you can receive will depend on whether your illness or injury is a result of a service connection, the VA benefits you are eligible for, and the amount you will need to treat your accident or injury.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He doesn't have enough work quarters to be eligible for Social Security disability benefits but He does have a VA Pension benefit which provides medical care and cash in accordance with financial need. He would like to determine if a personal accident settlement would affect his eligibility to get this benefit.

The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements are those that are made over a period of time rather than a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. A lump sum settlement can impact any existing VA benefits as the VA will annually assess and count it income. In any event, if extra assets are left over after the twelve month period when the settlement is annualized, Jim may be eligible to apply again for the Pension benefit but only if his assets are lower than a threshold with which the VA determines to be a financial need.

Do I have to hire an attorney?

Many spouses, military personnel and former spouses are concerned about VA disability benefits and their impact on financial issues during divorce. In addition, some people believe that the Department of Veterans Affairs' compensation payments can be split like a pension from a military service in divorce or are "off limits" in calculation of child support and alimony. These misconceptions could lead to financial mistakes that have serious repercussions.

It is possible to submit an application for disability benefits yourself However, most disabled veterans will require the help of a professional lawyer. A disability attorney for veterans can examine your medical records in order to gather the evidence needed to make a strong case in front of the VA. The lawyer can also help to file any appeals that you require to secure the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. In addition 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. Your fee agreement should specify clearly the proportion of retroactive benefits to be paid to your lawyer. A fee agreement could state that, for example, the government will pay the attorney 20 percent of retroactive benefits. Any additional amounts will be your obligation.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The funds are meant to help offset the impact of injuries, illnesses or disabilities that have been sustained or worsened during the veteran's service. As with all income, veterans disability benefits can be subject to garnishment.

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

However, there are certain situations in which a veteran's disability benefits can be garnished. The most common scenario is a veteran who waived their military retirement to receive disability compensation. In these situations the pension portion that is devoted to disability pay can also be garnished in order to pay for family support obligations.

In other cases, https://images.google.com.nf/url?sa=t&url=https%3A%2F%2Fvimeo.com%2F709879565 a veteran’s benefits can also be garnished to cover medical expenses or federal student loans that are over due. In these instances the court can go directly to the VA for the information they require. The disabled veteran should consult an experienced attorney to secure their disability benefits. This will prevent them from being forced to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major aid to veterans and their families, but they don't come without their own set-of complications. If a person divorces and receives a VA settlement then they must be aware of what this might do to their benefits.

One of the major issues in this context is whether disability benefits are considered divisible assets in divorce. This issue has been settled in a couple of ways. A Colorado court of appeals ruling declared that VA disability payments were not property and could not be divided in this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability payments to pay an alimony payment was a violation of USFSPA.

Another concern related to this issue is how disability benefits are treated to determine child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. Certain states employ different approaches. Colorado for instance, adds all income sources together to determine the amount needed to support a spouse. It then adds on disability payments to account for their tax-free status.

It is also important that des plaines veterans disability law firm know how divorce affects their disability benefits and how ex-spouses could slash their benefits. By being aware of these issues, woodcliff lake veterans disability law firm can protect their income as well as avoid unintended consequences.