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How a clarksville veterans disability lawsuit 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 is able to receive a monthly pension from the Department of Veterans Affairs.

He wants to find out if a verdict from a jury will affect his VA benefits. It won’t. However, it will have an impact on his other sources of income.

Can I receive compensation for an accident?

You may be eligible for a settlement in the event that you were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement will pay you for medical expenses, lost income and other expenses that resulted from your illness or injury. The kind of settlement you can receive will depend on whether your injury or illness is service-connected, what VA benefits you are eligible to receive, and the amount to treat your accident or injury.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He does not have enough working space to qualify for Social Security disability benefits but He does have a VA Pension benefit which provides cash and medical treatment for free dependent on financial need. He would like to know if a personal injury settlement would affect his ability receive this benefit.

The answer will depend on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are payments made over a time period 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 will likely affect existing benefits since the VA considers it income and will annualize it. If Jim has excess assets after the settlement is annualized the applicant can apply again to receive the Pension benefit. However the assets must be below a minimum threshold that the VA has determined to be a financial necessity.

Do I have to hire an attorney?

Many spouses, service members, and former spouses are concerned about VA disability payments and their impact on financial issues during divorce. Some people think that the Department of Veterans Affairs’ compensation payments can be split as a military pension in a divorce or that they are “off limits” in the calculation of child support and alimony. These misconceptions may lead to serious financial mistakes.

It is possible to submit a claim for disability benefits yourself However, most disabled binghamton veterans disability lawsuit would require the help of a qualified lawyer. A veteran’s disability attorney can look over your medical records and gather the evidence needed to make a strong case to the VA. The lawyer can also file any appeals you may require to get the benefits you are entitled to.

Most VA disability lawyers don’t charge for consultations. The government also pays the lawyer directly from the benefit of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should specify clearly the amount of retroactive benefits that will be paid to your lawyer. For instance your fee agreement may provide that the government can pay the attorney up to 20% of retroactive benefits or award. You will be responsible for any additional sums.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The purpose of the payments is to offset the effects of injuries, diseases or disabilities that were sustained or aggravated by a veteran’s time of service. Like all incomes, veterans disability benefits are subject to garnishment.

Garnishment is a legal procedure that permits a court to require an employer or government agency to deduct funds from the pay of an employee who owes money and send them directly to an individual creditor. In the event of a divorce garnishment can be used to pay child or spousal maintenance.

However, there are certain circumstances where a veteran’s disability benefits can be repaid. The most common scenario involves a veteran who waived their military retirement in order to receive disability compensation. In these situations the part of pension that is allocated to disability benefits can be garnished to cover the obligations of family support.

In other instances, a veteran’s benefits could be seized in order to pay for medical expenses or federal student loans that are over due. In these situations the court may be able to directly to the VA to get the required information. The disabled veteran should consult an experienced attorney to safeguard their disability benefits. This can stop them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge aid to veterans and their families, however they don’t come without their own set of challenges. If a veteran gets divorced and receives a VA settlement then they must be aware of the implications to their benefits.

A major issue in this context is whether or not disability payments count as divisible assets in a divorce. The issue has been resolved in a couple of ways. One option is a Colorado court of appeals decision, which found that VA disability payments are not property and cannot be divided as such. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments for the purpose of alimony was in violation of USFSPA.

Another concern related to this issue is the handling of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. However, some states have chosen to take an alternative approach. Colorado for instance adds all sources of income together to determine the amount required to support a spouse. It then adds disability income to reflect their tax-free status.

It is also vital that veterans are aware of how divorce will affect their disability compensation and how their ex spouses can garnish their compensation. By being aware of these issues, veterans can ensure the security of their earnings and avoid any unwanted consequences.