How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled because of his time in the military. He gets a monthly pension from the Department of Veterans Affairs.

He would like to know if a verdict of a juror will affect his VA benefits. The answer is not. However, it will have an impact on his other sources of income.

Can I get compensation in the event of an accident?

You may be eligible for a settlement if were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement will allow you to get compensation for medical bills, lost wages and other expenses that result from your injury or illness. The type of settlement you'll be able to receive will depend on whether your medical condition is service-connected, or not connected, which VA benefits you qualify for, and what your accident or injury will cost to treat.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He does not have enough working space to qualify for Social Security disability benefits but He does have a VA Pension benefit which provides medical care and cash that is based on financial need. He would like to know if a personal injury settlement would affect his ability get this benefit.

The answer is contingent upon whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are those that are made over a long period of time rather than as a single payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum settlement can affect any existing VA benefits because the VA will annualize and consider it income. If Jim has excess assets after the settlement is annually adjusted the applicant can apply again to receive the Pension benefit. However the assets must be below a minimum threshold that the VA has set that establishes financial necessity.

Do I need to employ an attorney?

Many spouses, service members, and former spouses have questions about VA disability payments and their impact on financial issues during divorce. Some people believe, for instance, that the Department of Veterans Affairs compensation payments can be split like military retirements in divorce cases, or that they're "off limits" when it comes to calculating child support and alimony. These misconceptions may lead to serious financial errors.

While it is possible to submit an initial claim for disability benefits on your own, many disabled veterans require the assistance of a skilled lawyer. A veteran's disability lawyer who is experienced can review your medical documents and gather the required evidence to support your argument to the VA. The lawyer will also be able to make any appeals you require to obtain the benefits you are entitled to.

The majority of VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from your payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will receive should be outlined in your fee agreement. For example the fee agreement could provide that the government can pay the attorney up to 20% of the retroactive benefits or Vimeo pay. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled essex junction veterans disability lawsuit. These payments are designed to help offset the effects of disabilities, diseases or injuries that are sustained or aggravated by a veteran's military service. The benefits for veterans' disability are subject to garnishment, just like other incomes.

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

However, there are a few situations in which a veteran's disability benefits are able to be garnished. The most common scenario is that of a veteran who has waived his military retirement in order to receive disability compensation. In these instances, the amount of pension apportioned to disability pay can be garnished for family support obligations.

In other cases, a veteran's benefit may be seized in order to pay for medical expenses or federal student loans that are over due. In these instances, a court can go directly to the VA to obtain the information they require. It is vital for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits are not being snatched away. This will help them avoid being forced to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent assistance to veterans and their families. However, they come with their own set of complications. For example the case where a veteran is divorced and receives an VA disability settlement, they need to know what this means for their benefits.

A major issue in this regard is whether disability payments count as divisible assets in divorce. This question has been addressed in two ways. One is through a Colorado court of appeals ruling that concluded that VA disability payments are not property and can't be divided in that way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments for Alimony was against the USFSPA.

Another concern that is related to this subject is how disability benefits are treated in the context of child support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. However, some states have adopted the opposite approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds the disability payments to take account that they are tax-free.

It is also essential that chanute veterans disability law firm are aware of the impact divorce has on their disability benefits and how ex-spouses could take advantage of their compensation. By being aware of these issues, veterans can ensure their compensation as well as avoid any unintended consequences.