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How a murphy veterans disability lawyer; vimeo.com, Disability Settlement Can Affect a Divorce Case

Jim’s 58 year old client is permanently disabled from his military service. He is able to receive a monthly pension from the Department of Veterans Affairs.

He would like to be aware of whether a verdict by a jury will affect his VA benefits. It won’t. It will, however, have an impact on the income sources of his other income sources.

Can I Get Compensation for an accident?

If you’ve served in the military, and are permanently disabled as a result of injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement will pay you for medical bills, lost income, and other costs that resulted from your injury or sickness. The type of settlement you will receive will depend on whether your illness or injury is related to service, what VA benefits you qualify for, and the cost to treat your accident or injury.

Jim, a 58-year veteran of the Vietnam war, was diagnosed as having permanent disabilities because 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 can claim the VA Pension which offers cash and medical care for free dependent on the amount of money he needs. He wants to know how a personal injury lawsuit could affect his eligibility to get this benefit.

The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are the ones that are paid over a period of time instead of in one payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum payout is likely to affect existing benefits since the VA considers it to be income and will annually calculate it. If Jim has surplus assets after the settlement is annually adjusted, he can reapply to receive the Pension benefit. However his assets must be less than a certain threshold that the VA has determined to be a financial necessity.

Do I require an Attorney?

Many service members, spouses and former spouses have questions about VA disability payments and their impact on financial issues in divorce. Some people believe, among other things that Department of Veterans Affairs compensation payments can be split as a military retirement in a divorce case or that they’re “off limits” when calculating child support and Alimony. These misconceptions could lead to financial mistakes that have serious repercussions.

While it is possible to make an initial claim for disability benefits by yourself, the majority of disabled veterans require the assistance of a professional lawyer. A skilled veteran’s disability lawyer will review your medical records and gather all the necessary evidence to present a strong argument to the VA. The lawyer can also help to file any appeals that you require to receive the benefits you deserve.

Moreover, most VA disability lawyers charge no fees for consultations. In addition, the lawyer will generally be paid by the government directly from the retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly specify the percentage of retroactive benefits to be paid to your lawyer. A fee agreement could stipulate for instance that the government would provide the attorney with 20 percent of retroactive benefits. You will be responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled asheboro veterans disability law firm. The funds are meant to alleviate the effects of injuries, diseases or disabilities that were sustained or worsened during the veteran’s service. The benefits for veterans’ disability are subject to garnishment, as is any other income.

Garnishment is a legal process that allows a court to decide that an employer or a government agency to withhold funds from the pay of someone who owes money, and then send them directly to the creditor. In the event of divorce, garnishment may be used to pay child or spousal care.

However, there are a few circumstances where a veteran’s disability benefits can be refunded. Most common is the veteran who waived his military retirement to receive disability compensation. In these cases, the portion of pension that is allocated to disability payments can be garnished in order to fulfill the family support obligations.

In other circumstances the benefits of a veteran can be seized to pay medical expenses or past due federal student loans. In these situations the court can go directly to the VA for the information they require. It is vital for a disabled veteran to retain a knowledgeable attorney to ensure that their disability benefits are not removed. This will prevent them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major help for veterans and their families, however they don’t come without their own set-of complications. For example in the event that a veteran gets divorced and is awarded a VA disability settlement, they must be aware of how this could affect their benefits.

In this regard one of the major issues is whether or not disability payments are considered to be assets that can be divided in a divorce. The question has been answered in two ways. A Colorado court of appeals decision found that VA disability payments were not property and could not be divided in this manner. Another way is through an U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran’s VA disability benefits to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this issue is how disability benefits are treated for purposes of child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from utilizing disability benefits as income. Certain states use an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds the disability payments to take into account that they are tax-free.

It is also essential that veterans know how divorce will affect their disability compensation and how their spouses who divorced could slash their benefits. By being informed about these issues, veterans can safeguard their benefits as well as avoid the unintended consequences.