How a harrisburg veterans disability law firm Disability Settlement Can Affect a Divorce Case

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

He wants to be aware of whether a verdict by a jury will impact his VA benefits. It will not. However, it could have an impact on the other sources of income he has.

Can I receive compensation in the event of an accident?

If you've served in the military but are now permanently disabled because of injuries or illnesses, you may be eligible for [Redirect-302] a veteran disability settlement. This settlement will pay you for medical bills, lost income and other expenses resulting from your injury or sickness. The type of settlement you can get will depend on whether the condition is service-connected or not connected, which VA benefits you are eligible for, and how much your injury or accident will cost to treat.

Jim, a 58-year old Vietnam veteran was diagnosed with permanent disabilities as a result of his two years of service. He doesn't have enough space for work to qualify for Social Security Disability benefits, however, he is able to claim a VA Pension that provides free medical treatment and cash according to his financial need. He wants to learn how a personal injuries settlement could affect his eligibility to get this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements are payments made over a period of time instead of in one payment and the amount paid by the defendant is calculated to offset any existing VA benefits. However, a lump sum payout will likely affect any existing benefits because the VA considers it a tax-deductible income and will annually increase it. In either case, if excess assets remain after the 12 month period when the settlement has been annualized Jim may be eligible to apply again for the pension benefit, but only if his assets fall below a certain threshold that the VA determines to be a financial need.

Do I Need to Hire an Attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its effect on financial issues in a divorce case. Some people believe, among other things that the Department of Veterans Affairs compensation payments can be divided like a military retirement in divorce cases or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can result in financial mistakes that have serious consequences.

It is possible to file a claim for disability benefits by yourself however, the majority of disabled veterans would require the help of a skilled lawyer. A veteran's disability lawyer can review your medical records to gather the evidence required to prove your case before the VA. The lawyer can also file any appeals you may need in order to get the benefits you deserve.

In addition, the majority of VA disability lawyers don't charge fees for [Redirect-302] 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 fee agreement should clearly state the proportion of retroactive benefits that will be paid to your lawyer. A fee agreement could stipulate that, for instance, the government would give the attorney up to 20% of retroactive benefits. The attorney is responsible for any additional sums.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled belen veterans disability attorney. The funds are intended to help offset the effects of disability, illness or injuries incurred during or aggravated by a veteran's military service. Like all income, the benefits for satellite beach veterans disability law Firm with disabilities are subject to garnishment.

Garnishment permits a court order that an employer or government agency stop money from the pay of an individual who owes an amount and then pay it directly to a creditor. In the event of a divorce garnishment may be used to pay child or spousal care.

However, there are a few circumstances where a veteran's disability benefits can be repaid. The most frequent scenario involves those who have renounced their military retirement to get disability compensation. In these cases, the amount of pension that is attributed to disability benefits can be garnished to pay family support obligations.

In other situations it is possible for a veteran's benefits to be withdrawn to cover medical expenses or past due federal student loans. In these instances, a court can go directly to the VA for the information they need. It is vital for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits are not removed. This will prevent them from having to depend on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous aid to veterans and their families, however they do come with their own set of challenges. For instance the case where a veteran is divorced and receives a VA disability settlement, they should know what this means for their benefits.

In this context, the main question is whether disability payments are considered to be assets that could be divided in divorce. This question has been resolved in two ways. A Colorado court of appeals ruling decided that VA disability payments were not property and could not be divided this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability benefits for the purpose of alimony was in violation of USFSPA.

Another concern with this subject is how disability benefits are interpreted for purposes of child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. Certain states take an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds up the disability payments to take into account that they are tax free.

It is also important to know how divorce will affect their disability compensation and how ex-spouses could slash their benefits. By being informed about these issues, vets can safeguard their benefits and avoid the unintended consequences.