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How a grants pass veterans disability lawyer Disability Settlement Can Affect a Divorce Case

Jim’s 58-year-old client is permanently disabled because of his service in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to know if an award from a jury will impact his VA benefits. It will not. It will, however, have an impact on the income sources of his other income sources.

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

If you’ve been in the military but are now permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement will help pay you for medical expenses, lost income and other expenses resulting from your injury or sickness. The type of settlement that you are eligible for will depend on whether or not your illness or injury is service-connected, what VA benefits you qualify to receive, and the amount to treat your accident or injury.

Jim who is a 58-year veteran of the Vietnam war was diagnosed with permanent disabilities as a result of his two years of service. He isn’t in a position to have enough space for work to be eligible for Social Security Disability benefits, however, he does have an VA Pension that offers free medical treatment and cash depending on the financial needs of his. He would like 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 involve payments over a period of time, rather than one single payment. The amount paid by defendant is calculated to offset the existing VA benefits. However, a lump sum settlement will probably alter any existing benefits as the VA considers it to be income and will annually calculate it. In the event that there are any excess assets are left after the twelve month period when the settlement has been annualized Jim could reapply for the Pension benefit, but only if his assets fall less than a minimum threshold that the VA agrees establishes financial need.

Do I need to hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its effect on financial issues in divorce cases. Some people think, for instance, that the Department of spotswood veterans disability law firm Affairs compensation payments can be split like the military retirement in a divorce case or that they’re “off limits” when it comes to calculating child support and alimony. These misconceptions can result in financial mistakes that have serious repercussions.

While it is possible to do an initial claim for disability benefits on your own, most disabled veterans can benefit from the assistance of a skilled lawyer. An experienced veteran’s disability lawyer can review your medical documents and gather the required evidence needed to build a strong case to the VA. The lawyer can also help to file any appeals you may need to get the benefits you deserve.

Additionally, the majority of VA disability lawyers don’t charge fees for consultations. Additionally, the lawyer will generally be paid by the government directly out of your retroactive past due benefits. This is a benefit of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will receive must be specified in your fee agreement. For example the fee agreement could state that the government will pay the lawyer up to 20% of retroactive benefits or award. The attorney is responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. These payments are designed to offset some of the effects of disabilities, diseases, or injuries sustained during or aggravated by a veteran’s military service. The benefits for veterans with disabilities are subject to garnishment, just like any other income.

Garnishment permits a court order that an employer or government agency deduct funds from the paycheck of an individual who owes an amount and then pay it directly to a creditor. In the case of divorce, garnishment may be used to pay spousal support or child support.

There are certain situations where the benefits of a veteran could be repaid. The most frequent is the veteran who has waived his military retirement in order to receive disability compensation. In these cases the amount of pension that is allocated to disability benefits can be garnished in order to pay for 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 could go directly to the VA for the information they need. It is essential for a disabled veteran to work with a reputable lawyer to ensure that their disability benefits are not removed. This will prevent them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans as well as their families. However, they come with their own set complications. If a veteran is divorced and receives a VA settlement, he or she should be aware of the impact this could have to their benefits.

One of the major issues in this regard is whether or not the disability payments are considered to be divisible assets in divorce. This issue has been addressed in a couple of ways. One way is by the Colorado court of appeals ruling that concluded that VA disability payments are not property and cannot be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments for an alimony payment was a violation of USFSPA.

Another concern relating to this topic is the treatment of disability benefits to children for support and maintenance. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. However, some states have taken the opposite approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then adds the disability payments to take account that they are tax free.

Finally, it is important for veterans to be aware of how their disability compensation will be affected if they become divorced and how their ex-spouses may garnish their compensation. If they are aware of these questions, veterans can guard their earnings and avoid any unwanted consequences.