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How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's client, 58 years old, is permanently disabled as a result of his service in the military. He receives a monthly Pension benefit 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 could have an impact on the other sources of income he has.
Can I Receive Compensation for an Accident?
You may be eligible for a settlement if you were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement can help you receive compensation for your medical expenses, lost wages, and other expenses related to your illness or injury. The kind of settlement you'll get will depend on whether the condition is service-connected or non-service connected, what VA benefits you qualify for, and how much your injury or accident 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 doesn't have enough work space to qualify for Social Security Disability benefits, however, he can claim the VA Pension, which provides free medical treatment and cash based on his financial need. He wants to be aware of whether a personal injury settlement will affect his ability to be eligible for this benefit.
The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements are payments 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 will impact any existing VA benefits because the VA will annually calculate and consider it as income. In either case, if excess assets are left over after the 12 month period after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit but only if his assets fall lower than a threshold with which the VA agrees establishes financial need.
Do I require an attorney?
Many service members, spouses, and former spouses have concerns about VA disability benefits and their impact on money issues in divorce. Among other things, some people think 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 can result in financial mistakes which can have serious consequences.
It is possible to submit a claim for disability benefits on your own however, the majority of disabled veterans would benefit from the assistance from a competent lawyer. A veteran's disability lawyer who is experienced will examine your medical documents and gather the necessary evidence to present a strong case at the VA. The lawyer can also file any appeals you might require to get the benefits you are entitled to.
Most VA disability lawyers don't charge for consultations. In addition that the lawyer will normally be paid by the government directly from your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should specify clearly the proportion of retroactive benefits to be paid to your lawyer. A fee agreement may stipulate that, for instance, the government would pay the attorney 20 percent of retroactive benefits. Any additional amount is your responsibility.
Can I Garnish My VA Benefits?
The VA offers monthly payments to disabled veterans. The funds are meant to offset the effects of diseases, injuries or disabilities that were sustained or aggravated by a veteran's service. Like other income sources, benefits for veterans with disabilities are subject to garnishment.
Garnishment lets a court order that an employer or government agency stop cash from the pay of an individual who owes an obligation and pay it directly to a creditor. In the event of divorce, garnishment can be used for child or spousal maintenance.
There are situations where the benefits of a veteran could be repaid. Most common is the veteran who has renounced his military retirement to receive disability compensation. In these cases the amount of pension that is devoted to disability benefits can be garnished to pay for family support obligations.
In other circumstances, veteran's benefit may be garnished to pay for medical expenses or federal student loans that are over due. In these situations the court might be able to go straight to the VA to get the required information. A disabled veteran should employ an experienced attorney to secure their disability benefits. This can prevent them from relying on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements are a great assistance to veterans and their families. However, they come with their own set of complications. For example, if a veteran gets divorced and is awarded a VA disability settlement, they need to know what effect this will have on the benefits they receive.
In this regard, the main question is whether disability payments are considered assets that could be divided in divorce. This question has been resolved in two ways. One method is the Colorado court of appeals decision that found that VA disability payments are not property and cannot be divided in that 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 that is related to this issue is how disability benefits are interpreted in the context of child support and maintenance. Both the USFSPA and the Supreme Court, prohibit states from utilizing disability benefits as income. Some states have different methods. Colorado for instance, takes all income sources together to determine the amount required to support a spouse and then adds disability income to reflect their tax-free status.
Finally, it is important for Polson veterans disability law firm to understand how their disability benefits will be affected if they get divorced and how their ex-spouses may affect their compensation. By being aware of these questions, battle creek veterans disability lawyer can guard their earnings and avoid any unintended consequences.
Jim's client, 58 years old, is permanently disabled as a result of his service in the military. He receives a monthly Pension benefit 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 could have an impact on the other sources of income he has.
Can I Receive Compensation for an Accident?
You may be eligible for a settlement if you were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement can help you receive compensation for your medical expenses, lost wages, and other expenses related to your illness or injury. The kind of settlement you'll get will depend on whether the condition is service-connected or non-service connected, what VA benefits you qualify for, and how much your injury or accident 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 doesn't have enough work space to qualify for Social Security Disability benefits, however, he can claim the VA Pension, which provides free medical treatment and cash based on his financial need. He wants to be aware of whether a personal injury settlement will affect his ability to be eligible for this benefit.
The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements are payments 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 will impact any existing VA benefits because the VA will annually calculate and consider it as income. In either case, if excess assets are left over after the 12 month period after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit but only if his assets fall lower than a threshold with which the VA agrees establishes financial need.
Do I require an attorney?
Many service members, spouses, and former spouses have concerns about VA disability benefits and their impact on money issues in divorce. Among other things, some people think 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 can result in financial mistakes which can have serious consequences.
It is possible to submit a claim for disability benefits on your own however, the majority of disabled veterans would benefit from the assistance from a competent lawyer. A veteran's disability lawyer who is experienced will examine your medical documents and gather the necessary evidence to present a strong case at the VA. The lawyer can also file any appeals you might require to get the benefits you are entitled to.
Most VA disability lawyers don't charge for consultations. In addition that the lawyer will normally be paid by the government directly from your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should specify clearly the proportion of retroactive benefits to be paid to your lawyer. A fee agreement may stipulate that, for instance, the government would pay the attorney 20 percent of retroactive benefits. Any additional amount is your responsibility.
Can I Garnish My VA Benefits?
The VA offers monthly payments to disabled veterans. The funds are meant to offset the effects of diseases, injuries or disabilities that were sustained or aggravated by a veteran's service. Like other income sources, benefits for veterans with disabilities are subject to garnishment.
Garnishment lets a court order that an employer or government agency stop cash from the pay of an individual who owes an obligation and pay it directly to a creditor. In the event of divorce, garnishment can be used for child or spousal maintenance.
There are situations where the benefits of a veteran could be repaid. Most common is the veteran who has renounced his military retirement to receive disability compensation. In these cases the amount of pension that is devoted to disability benefits can be garnished to pay for family support obligations.
In other circumstances, veteran's benefit may be garnished to pay for medical expenses or federal student loans that are over due. In these situations the court might be able to go straight to the VA to get the required information. A disabled veteran should employ an experienced attorney to secure their disability benefits. This can prevent them from relying on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements are a great assistance to veterans and their families. However, they come with their own set of complications. For example, if a veteran gets divorced and is awarded a VA disability settlement, they need to know what effect this will have on the benefits they receive.
In this regard, the main question is whether disability payments are considered assets that could be divided in divorce. This question has been resolved in two ways. One method is the Colorado court of appeals decision that found that VA disability payments are not property and cannot be divided in that 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 that is related to this issue is how disability benefits are interpreted in the context of child support and maintenance. Both the USFSPA and the Supreme Court, prohibit states from utilizing disability benefits as income. Some states have different methods. Colorado for instance, takes all income sources together to determine the amount required to support a spouse and then adds disability income to reflect their tax-free status.
Finally, it is important for Polson veterans disability law firm to understand how their disability benefits will be affected if they get divorced and how their ex-spouses may affect their compensation. By being aware of these questions, battle creek veterans disability lawyer can guard their earnings and avoid any unintended consequences.
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