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 receives a monthly pension benefit from the Department of bridgeport veterans disability lawyer Affairs.

He would like to know how the verdict of a jury will impact his VA benefits. It will not. But it will have some impact on his other sources of income.

Can I Get Compensation for an accident?

You may be eligible to receive a settlement if you were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement will help pay you for medical bills, lost income, and other costs that resulted from your illness or injury. The kind of settlement you can receive depends on whether your condition is service-connected or not connected, which VA benefits you are eligible for, as well as the amount your accident or injury will cost to treat.

Jim who is a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities due to his two years of service. Jim does not have enough work space to be eligible for Social Security Disability benefits, however, he can claim a VA Pension that provides free medical treatment and cash dependent on the amount of money he needs. He wants to determine if a personal accident settlement would affect his ability be eligible for this benefit.

The answer is contingent upon whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements require payments over time, rather than one payment. The amount paid by defendant is calculated to offset existing VA benefits. However, a lump sum payout is likely to alter any existing benefits as the VA considers it income and will annualize it. In any case, if there are excess assets are left over after the twelve month period when the settlement has been annualized Jim may be eligible to apply again for the Pension benefit, veterans Disability but only if his assets fall less than a minimum threshold that the VA agrees establishes financial need.

Do I have to hire an attorney?

Many spouses, members of the military and former spouses have questions about VA disability payments and their impact on financial issues during divorce. Among other things, some people think that the Department of Veterans Affairs' compensation payments are able to be divided like a military pension a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

While it is possible to do an initial claim for disability benefits on your own, many disabled veterans get the assistance of a professional attorney. A veteran's disability attorney can examine your medical records to collect the evidence necessary to argue your argument before the VA. The lawyer will also be able to file any appeals you may need to get the benefits you are entitled to.

Moreover, most VA disability lawyers don't charge fees for consultations. The government also pays the lawyer directly from your payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will receive must be specified in your fee agreement. A fee agreement could state, for example, that the government will give the attorney up to 20 percent of retroactive benefits. Any additional amounts are your the responsibility of the attorney.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA it is received in the form of monthly payments. The funds are meant to offset the effects of injuries, diseases or disabilities that have been sustained or worsened during the veteran's service. Like other income sources, veterans disability benefits can be subject to garnishment.

Garnishment lets a court order that an employer or government agency deduct funds from the paycheck of a person who owes a debt and send it directly to the creditor. In the case of divorce, garnishment could be used to pay for spousal support or child support.

However, there are some situations in which a veteran's disability benefits may be repaid. The most common scenario is that of a veteran who renounced his military retirement in order to receive disability compensation. In these cases, the amount of pension apportioned to disability pay can be garnished for family support obligations.

In other situations veterans' benefits could be withdrawn to cover medical expenses or past due federal student loans. In these situations, a court may be able to go straight to the VA to get the required information. It is vital for disabled veterans to hire a knowledgeable lawyer to ensure that their disability benefits aren't being snatched away. 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 can be a huge assistance to veterans and their families, however they do come with their own set-of complications. For instance the case where a veteran is divorced and is awarded an VA disability settlement, they should know what this means for the benefits they receive.

In this regard the most important question is whether disability payments are considered to be assets that can be divided in divorce. The issue has been resolved in a variety of ways. A Colorado court of appeals ruling determined that VA disability payments were not property and could not be divided this way. Another method is a U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern relating to this issue is the handling of disability benefits to children for support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. Some states have a different approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and webnoriter.com then adds disability payments to take into account that they are tax-free.

It is also important that veterans are aware of how divorce affects their disability benefits and how their ex spouses can garnish their compensation. If they are aware of these issues, fircrest veterans disability attorney (https://vimeo.com/709550477) can protect their income and avoid unwanted consequences.