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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 due to his military service. He is able to receive a monthly pension from the Department of Veterans Affairs.

He wants to be aware of whether a verdict by a jury will affect his VA benefits. The answer is not. But it will have some impact on the other sources of income he has.

Do I have the right to receive compensation in the event of an accident?

You could be eligible for a settlement in the event that you served in the military but are now permanently disabled because of injuries or illnesses. This settlement will help pay you for medical bills, lost income and other expenses that resulted from your injury or sickness. The type of settlement you could receive will depend on whether or not your illness or injury is service-connected, what VA benefits you qualify for, as well as the cost to treat your injury or accident.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. Jim does not have enough space for work to qualify for Social Security Disability benefits, however, he does have the VA Pension which offers free medical care and cash according to his financial need. He wants to be aware of how a personal injury settlement can affect his ability to be eligible for this benefit.

The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements are the ones that are paid over a period of time rather than a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum settlement will probably impact any benefits already in place because the VA considers it as income and will increase it. If Jim has surplus assets after the settlement is annually adjusted, he can reapply to receive the Pension benefit. However the assets must be less than a certain threshold that the VA has set that establishes financial necessity.

Do I require an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and the impact it has on money issues in a divorce case. Some people believe, among other things that Department of olympia fields veterans disability lawsuit Affairs compensation payments can be split as an army retirement in a divorce case or that they’re “off limits” when it comes to calculating child support and Alimony. These misconceptions can lead to financial mistakes that can have grave consequences.

While it is possible to file an initial claim for disability benefits on your own, many disabled veterans benefit from the assistance of a skilled lawyer. An experienced veteran’s disability lawyer will review your medical records and gather all the necessary evidence to make a convincing case at the VA. The lawyer can also file any appeals that you may need in order to receive the benefits you are entitled to.

Most VA disability lawyers don’t charge for consultations. Additionally the lawyer will typically be paid by the government directly from your retroactive past due benefits. This is a benefit of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will receive should be outlined in your fee agreement. For instance the fee agreement could provide that the government can pay the attorney up to 20% of the retroactive benefits or provide. You will be responsible for any additional amount.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled Addison veterans disability law Firm. The payments are meant to alleviate some of the effects of disabilities, diseases or injuries that are sustained or aggravated during a veteran’s military service. Like all incomes, veterans disability benefits could be subject to garnishment.

Garnishment allows a court order that an employer or government agency stop cash from the pay of an individual who owes a debt and send it directly to a creditor. In the event of a divorce, garnishment can be used to pay spousal maintenance or child support.

However, there are certain situations in which a veteran’s disability benefits can be repaid. The most common scenario is the veteran who has waived their military retirement to receive disability compensation. In these scenarios the part of pension that is devoted to disability benefits 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 cases a court may be able to direct the case to the VA to obtain the necessary information. A disabled veteran should employ an experienced attorney to protect their disability benefits. This can prevent them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great assistance to veterans and their families. However they do come with certain complications. If a veteran gets divorced and receives a VA settlement and is eligible, they should be aware of what this might do to the benefits they receive.

In this context one of the major issues is whether or not disability payments are considered assets which can be divided in a divorce. This question has been resolved in two ways. One method is a Colorado court of appeals decision, which found that VA disability payments are not property and can’t 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 issue related to this subject is how disability benefits are interpreted for purposes of child support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. Certain states take an alternative approach. Colorado for instance, adds all income sources together to determine the amount needed to support a spouse. The state then adds disability payments in order to take into account their tax-free status.

Finally, it is important for veterans to be aware of how their disability compensation will be affected when they get divorced and how their ex-spouses may take advantage of their benefits. By knowing about these issues, veterans can protect their income and avoid unwanted consequences.