How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled because of his military service. He receives a monthly Pension benefit from the Department of apex veterans Disability attorney Affairs.

He would like to find out if a verdict from a jury will impact his VA benefits. The answer is not. But it will have an impact on the other sources of income he has.

Do I have the right to receive compensation for an accident?

You could be eligible for a settlement in the event that you have served in the military, but are now permanently disabled because of injuries or apex veterans Disability attorney illnesses. This settlement will pay you for medical bills, lost income and other costs that resulted from your illness or injury. The type of settlement you'll receive depends on whether your health condition is non-service connected, the VA benefits you are eligible for, as well as the amount your accident or injury will cost to treat.

Jim who is a 58-year veteran of Vietnam was diagnosed with permanent disabilities as a result of his two years of service. Jim does not have enough work space to be eligible for Social Security Disability benefits, however, he does have a VA Pension that provides cash and medical care for free depending on the financial needs of his. He wants to understand how a personal injury lawsuit will affect his ability to receive this benefit.

The answer depends on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are payments made over a long 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 is likely to affect any existing benefits because the VA considers it a tax-deductible income and will annually increase it. In any event, if extra 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 are less than a minimum threshold that the VA determines to be a financial need.

Do I need to employ an attorney?

Many spouses, members of the military and former spouses have concerns about VA disability payments and their impact on financial issues during a divorce. There are many other reasons, but some people think that the Department of mcrae veterans disability lawyer Affairs' compensation payments can be split like a military pension in divorce or are "off limits" when it comes to calculation of child support and Alimony. These misconceptions could lead to grave financial errors.

While it is possible to make an initial claim for disability benefits on your own, the majority of disabled veterans disability lawyer benefit from the help of a qualified lawyer. A disability attorney for veterans can review your medical records to collect the evidence necessary to argue your case in front of the VA. The lawyer can also file any appeals that you may need in order to get the benefits you are entitled to.

The majority of VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from your amount of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly state the percentage of retroactive benefits that will be paid to your lawyer. A fee agreement may stipulate, for example, that the government would pay the attorney up 20% of retroactive benefits. The attorney is responsible for any additional amounts.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA it is received in the form of monthly payments. The payments are meant to alleviate some of the effects of disabilities, diseases or injuries incurred during or aggravated during a veteran's military service. Like other income sources, veterans disability benefits could be subject to garnishment.

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

There are situations where the benefits of a veteran could be repaid. The most common scenario involves the veteran who has waived their military retirement in order to claim disability compensation. In these situations, the portion of the pension that is attributed to disability benefits can be garnished to pay family support obligations.

In other cases, a veteran's benefits could be garnished to pay medical expenses or federal student loans that are past due. In these instances the court can go directly to the VA to obtain the information they need. It is essential for a disabled veteran to work with a reputable attorney to ensure that their disability benefits aren't taken away. This will prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent assistance to veterans and their families. However, they come with specific complications. For instance the case where a veteran is divorced and is awarded an VA disability settlement, they need to know how this will affect the benefits they receive.

One of the major issues in this regard is whether or not disability benefits are considered divisible assets in a divorce. This issue has been settled in a couple of ways. One way is by an Colorado court of appeals decision which concluded that VA disability payments are not property and can't be divided in this way. Another method is the U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability payments to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this issue is the handling of disability benefits to children for support and maintenance. Both the USFSPA and the Supreme Court, prohibit states from utilizing disability benefits as income. However, some states have adopted the opposite approach. Colorado for instance, takes all income sources together to determine the amount needed to provide for a spouse. Colorado then adds disability payments in order to take into account their tax-free status.

It is also important that veterans are aware of how divorce affects their disability compensation and how their ex spouses can slash their income. By being informed about these issues, vets can protect their compensation as well as avoid unintended consequences.