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How a Veterans Disability Settlement Can Affect a Divorce Case

Jim’s client, a 58-year-old man is permanently disabled as a result of his military service. He gets a monthly pension from the Department of veterans disability law firm Affairs.

He wants to know how a jury award will impact his VA benefits. The answer is not. However, it will have an impact on his other sources of income.

Can I get compensation for an Accident?

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

Jim, a 58-year veteran of Vietnam, was diagnosed as having permanent disabilities as a result of his two years of service. Jim does not have enough work space to qualify for Social Security Disability benefits, but he has an VA Pension that offers cash and medical care for free based on his financial need. He wants to know how a personal injury lawsuit can affect his ability to be eligible for this benefit.

The answer will depend on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements consist of payments over time rather than one lump sum payment. The amount paid by defendant is calculated to offset existing VA benefits. However, a lump sum payment will likely affect any existing benefits because the VA considers it a tax-deductible income and will annually increase it. If Jim has surplus assets after the settlement is annually adjusted and he wants to reapply, he will be eligible for the pension benefit. However the assets he has to be below a minimum threshold that the VA has set to establish financial necessity.

Do I really need to hire an attorney?

Many spouses, service members, and former spouses are concerned about VA disability benefits and their impact on financial issues during divorce. Some people believe, for instance, that Department of veterans disability lawsuits Affairs compensation payments can be split like an army retirement in divorce proceedings or that they’re “off limits” when it comes to calculating child support and Alimony. These misconceptions may lead to serious financial mistakes.

It is possible to submit an application for disability benefits yourself however, the majority of disabled veterans would require the help of a qualified lawyer. A veteran’s disability attorney will examine your medical records in order to gather the necessary evidence to argue your case before the VA. The lawyer can also file any appeals that you may need in order to get the benefits you deserve.

Most VA disability lawyers don’t charge for consultations. Additionally the lawyer will usually 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 fee agreement should specify clearly the proportion of retroactive benefits that will be paid to your lawyer. For instance the fee agreement could specify that the government will pay the attorney up to 20% of retroactive benefits or pay. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The funds are intended to alleviate some of the effects of disability, illness or injuries that are sustained or aggravated due to a veteran’s military service. The veterans disability benefits are subject to garnishment just like other incomes.

Garnishment is a legal procedure that allows a judge to make an order to an employer or government agency to withhold funds from the pay of someone who owes money and send them directly to the creditor. In the event of a divorce the garnishment could be used for child or spousal care.

There are a few circumstances where a veteran’s disability benefits are able to be repaid. Most common is the veteran who waived his military retirement in order to receive disability compensation. In these cases the amount of pension that is attributed to disability benefits could be garnished to meet family support obligations.

In other circumstances, veteran’s benefits may also be garnished to pay for medical expenses or federal student loans that are over due. In these situations a court may be able to directly to the VA to obtain the necessary information. It is important for disabled Veterans Disability Law Firms (Links.Musicnotch.Com) to find a competent attorney to ensure that their disability benefits are not garnished. This will stop 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 also come with certain complications. For example, if a veteran gets divorced and is awarded an VA disability settlement, they should be aware of what this means for the benefits they receive.

One of the major issues in this regard is whether disability payments count as divisible assets in a divorce. This question has been resolved in a variety of ways. One is through the Colorado court of appeals ruling that concluded that VA disability payments are not property, and therefore cannot be divided as such. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments to pay Alimony was against the USFSPA.

Another concern related to this topic is the treatment of disability benefits for child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from counting disability benefits as income. However, some states have taken different approaches. Colorado, for example, takes all income sources together to determine the amount required to provide for a spouse. Colorado then adds on disability payments to account for their tax-free status.

Finally, it is important for veterans to know how their disability compensation will be affected if they become divorced and how their spouses who divorced them can take advantage of their benefits. By being informed about these issues, veterans can protect their income as well as avoid any unintended consequences.