How a Veterans 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 know if a jury verdict 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 for an accident?

If you've been 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 will allow you to get compensation for medical bills, lost wages, and other expenses related to your illness or injury. The kind of settlement you are eligible for will depend on whether or not your illness or injury is service-connected, what VA benefits you are eligible for, as well as the cost to treat your accident or injury.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on 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 that offers medical care and cash that is based on financial need. He wants to understand how a personal injury lawsuit can affect his ability to benefit from this benefit.

The answer is contingent upon whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements consist of payments over a period of time rather than a single payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum settlement will impact any existing VA benefits since the VA will annualize and consider it income. In any case, if there are excess assets are left after the period of twelve months when the settlement is annualized, Jim could apply again for the Pension benefit, but only if his assets fall below a threshold that the VA determines to be a financial need.

Do I need to employ an attorney?

Many spouses, service members and former spouses are concerned about VA disability payments and their impact on financial issues during divorce. Some people believe, among other things, that the Department of Veterans Affairs compensation payments are split like military retirements in divorce cases or that they're "off limits" when calculating child support and Alimony. These misconceptions could lead grave financial errors.

While it is possible to do an initial claim for disability benefits on your own, most disabled veterans benefit from the assistance of a professional lawyer. A disability attorney for veterans can review your medical records to gather the evidence required to make a strong argument before the VA. The lawyer can also file any appeals that you might require to receive the benefits you are entitled to.

The majority of VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from the payment of retroactive 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. For instance an agreement on fees could stipulate that the government will pay the attorney up to 20% of retroactive benefits or provide. You will be responsible for any additional costs.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA it is in the form of monthly payments. The funds are intended to help offset the effects of diseases, disabilities or injuries that are sustained or aggravated during a veteran's military service. Like all income, the benefits for veterans with disabilities are subject to garnishment.

Garnishment lets a court order that an employer or a government agency withhold money from the pay of an individual who owes the debt and pay it directly to the creditor. In the case of divorce, garnishment can be used to pay for spousal support or child support.

There are situations where a veteran's benefits can be encashable. The most common situation involves the veteran who has waived their military retirement to get disability compensation. In these situations the portion of the pension apportioned to disability pay can be garnished for family support obligations.

In other situations, veteran’s benefits can also be garnished in order to pay medical bills or federal student loans that are past due. In these situations the court may be able to direct the case to the VA to obtain the necessary information. It is important for disabled river rouge veterans disability lawyer to hire a knowledgeable lawyer to ensure that their disability benefits are not removed. This will help them avoid having to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to highland veterans disability attorney and their families. However they also come with specific complications. For instance, if a veteran gets divorced and is awarded an VA disability settlement, they should be aware of how this could affect the benefits they receive.

A major issue in this regard is whether or not disability benefits are considered divisible assets in a divorce. This question has been answered in two ways. One option is an Colorado court of appeals ruling that concluded that VA disability payments are not property and therefore cannot be divided as such. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments for Alimony was against the USFSPA.

Another issue that is related to this subject is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. However, certain states have adopted different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then pluses up the disability payments to take account that they are tax-free.

It is also important for harrisburg veterans disability attorney to understand how their disability benefits will be affected if they get divorced and how their ex-spouses can affect their compensation. By being informed about these issues, veterans can protect their income and avoid unintended consequences.