How a Veterans Disability Settlement Can Affect a Divorce Case

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

He would like to find out if a verdict from a jury will impact his VA benefits. It will not. However, it will have an impact on the income sources of his other income sources.

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

You may be eligible for a settlement if you were in the military but are now permanently disabled because of injuries or illnesses. This settlement will allow you to receive compensation for your medical bills, lost wages and other expenses that result from your illness or injury. The kind of settlement you can receive will depend on whether your medical condition is service-connected, or not connected, what VA benefits you are eligible for, and how much your accident or injury will cost to treat.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He hasn't got enough work space to qualify for Social Security disability benefits but there is a VA Pension benefit which provides cash and free medical care in accordance with financial need. He would like to understand how a personal injury lawsuit will affect his eligibility to receive this benefit.

The answer is dependent on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are based on payments over a period of time, rather than one lump sum payment. The amount that defendant pays is calculated to offset existing VA benefits. A lump sum payment can impact any existing VA benefits because the VA will annually evaluate and consider it as income. If Jim has surplus assets after the settlement has been annualized the applicant can apply again to be eligible for the pension benefit. However the assets he has to be below a minimum threshold that the VA has determined to be a financial necessity.

Do I require an attorney?

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

While it is possible to make an initial claim for Law disability benefits on your own, most disabled cranston veterans disability attorney get the assistance of an experienced lawyer. An experienced veteran's disability lawyer can review your medical records and gather the necessary evidence needed to build a strong argument to the VA. The lawyer can also help to file any appeals that you require to receive the benefits you're entitled.

In addition, the majority of VA disability lawyers charge no fees for consultations. Additionally, the lawyer will generally be paid by the government directly out of your award of retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past-due benefits your lawyer will receive should be clearly stated in your fee agreement. For instance an agreement on fees could provide that the government can pay the lawyer up to 20% of retroactive benefits or pay. Any additional amounts will be your to pay.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. These payments are designed to compensate for some of the effects of disability, illness or leewhan.com injuries that are sustained or aggravated due to a veteran's military service. The smyrna veterans disability lawsuit disability benefits are subject to garnishment, just like any other income.

Garnishment is a legal process that allows a judge to order an employer or government agency to deduct funds from the pay of someone who owes money, and then send them directly to an individual creditor. In the case of divorce, garnishment may be used to pay spousal support or child support.

However, there are certain situations in which a veteran's disability benefits are able to be repaid. The most common scenario is a veteran who waived their military retirement in order to claim disability compensation. In these situations, the amount of pension that is attributed to disability benefits can be garnished for family support obligations.

In other circumstances, veteran’s benefits can also be seized to pay medical expenses or gwwa.yodev.net federal student loans that are past due. In these instances a court may be able to directly to the VA to obtain the necessary information. It is vital for disabled veterans to work with a reputable lawyer to ensure that their disability benefits aren't being snatched away. This will help them avoid having to depend on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge benefit for veterans and their families, but they do come with their own set-of complications. If a veteran is divorced and receives a VA settlement and is eligible, they should be aware of the implications to their benefits.

In this regard one of the major issues is whether disability benefits are considered assets that can be split in divorce. This issue has been settled in a couple of ways. A Colorado court of appeals ruling found that VA disability payments were not property and therefore could not be divided in this way. Another option is the U.S. Supreme Court ruling in Howell which held that garnishing a veteran's VA disability benefits to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern that is related to this subject is how disability benefits are interpreted in the context of child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. However, certain states have adopted an alternative approach. Colorado is one example. It adds all income sources together to determine the amount required to provide for a spouse. Colorado then adds on disability payments in order to account for their tax-free status.

It is also vital to know the impact divorce has on their disability benefits and how ex-spouses could slash their benefits. By being knowledgeable about these issues, veterans can ensure the security of their benefits and avoid unintended consequences.