How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled due to his military service. He receives a monthly pension from the Department of new iberia veterans disability law firm Affairs.

He would like to know how the verdict of a jury will affect his VA benefits. It won't. However, it will have an impact on his other sources of income.

Can I Get Compensation in the event of an accident?

You may be eligible for a settlement if have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement will allow you to get compensation for medical expenses, lost wages, and other expenses that result from your injury or illness. The type of settlement you'll get will depend on whether the health condition is non-service connected, the VA benefits you are eligible for, and the amount your injury or accident will cost to treat.

Jim, a 58 year old Vietnam veteran was diagnosed with permanent disabilities as a result of his two years of service. He does not have enough working space to qualify for Social Security disability benefits but he does have a VA Pension benefit, which offers medical care and cash dependent on financial need. He would like to understand how a personal injury lawsuit will affect his ability to benefit from this benefit.

The answer will depend on whether the settlement is a lump-sum or a structured one. Structured settlements are payments made over a long period of time rather than a single payment and the amount paid by the defendant is used to offset any existing VA benefits. However, gwwa.yodev.net a lump sum payout is likely to alter any existing benefits as the VA considers it income and will annualize it. If Jim has surplus assets after the settlement is annualized and he wants to reapply, he will receive the Pension benefit. However the assets he has to be below a threshold the VA has agreed establishes financial necessity.

Do I Need to Hire an Attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on money issues in a divorce case. In addition, some people believe that the Department of Veterans Affairs' compensation payments can be split like a military pension divorce or are "off limits" in calculation of child support and alimony. These misconceptions could lead serious financial mistakes.

While it is possible to submit an initial claim for disability benefits on your own, the majority of disabled veterans can benefit from the assistance of a skilled lawyer. A veteran's disability attorney will examine your medical records in order to collect the evidence necessary to prove your case to the VA. The lawyer can also file any appeals you may require to get the benefits you are entitled to.

The majority of VA disability lawyers don't charge for consultations. In addition, the lawyer will generally be paid by the government directly out of your retroactive past due benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past-due benefits that your lawyer will receive must be specified in your fee agreement. A fee agreement could stipulate that, for example, the government would pay the attorney up 20% of retroactive benefits. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The funds are intended to compensate for some of the consequences of illnesses, disabilities, or injuries sustained during or aggravated by the veteran's military service. The monaca veterans disability Lawyer disability benefits are subject to garnishment just like any other income.

Garnishment is a legal action that permits a court to require an employer or government agency to omit funds from the pay of someone who owes money and send them directly to a creditor. In the case of divorce, garnishment can be used to pay spousal maintenance or child support.

There are a few situations in which a veteran's disability benefits can be refunded. The most frequent is the veteran who waived his military retirement in order to receive disability compensation. In these situations the portion of the pension that is attributed to disability benefits could be garnished to meet family support obligations.

In other circumstances, veteran's benefits may also be seized in order to pay for medical expenses or federal student loans that are past due. In these situations, a court can go directly to the VA to obtain the information they require. It is crucial for a disabled veteran to retain a knowledgeable attorney to ensure that their disability benefits aren't taken away. This can stop them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent aid to veterans and their families. However they have certain complications. For instance the case where a veteran is divorced and is awarded an VA disability settlement, they should know how this could affect their benefits.

In this regard the most important question is whether disability payments count as assets that can be divided during a divorce. This question has been resolved in a variety of ways. One option is an Colorado court of appeals ruling that concluded that VA disability payments are not property and cannot be divided in this way. Another option is the U.S. Supreme Court ruling in Howell that held 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 that is related to this topic is how the disability benefits are interpreted in the context of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. Certain states take different methods. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds the disability payments to take account that they are tax-free.

It is also essential that veterans are aware of the impact divorce has on their disability benefits and how ex-spouses can garnish their compensation. By being aware of these issues, waterford veterans disability law firm can protect their compensation and avoid the unintended consequences.