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 imperial veterans disability attorney Affairs.

He would like to find out if a verdict from a jury will affect his VA benefits. It won't. It will, however, affect the income sources of his other income sources.

Can I receive compensation for an accident?

If you have served in the military but are now permanently disabled as a result of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can assist in compensating you for medical bills, lost income, and other expenses resulting from your injury or sickness. The type of settlement you can receive will depend on whether your condition is service-connected or non-service connected, the 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 veteran of Vietnam was diagnosed with permanent disabilities as a result of his two years of service. He does not have enough working space to be eligible for Social Security disability benefits but there is a VA Pension benefit, which offers medical care and cash in accordance with financial need. He wants to find out if a personal injury settlement would affect his eligibility to get this benefit.

The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements are settlements that are paid over a time frame rather than in a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum settlement will probably affect any existing benefits because the VA considers it to be income and will annually calculate it. If Jim has assets that are not used up after the settlement is annually adjusted the applicant can apply again to receive the Pension benefit. However, his assets must be below a threshold the VA has agreed establishes financial necessity.

Do I require an attorney?

Many spouses, members of the military, and former spouses have questions about VA disability benefits and their effect on financial issues during divorce. Some people believe, for instance, that the Department of Veterans Affairs compensation payments can be divided like an army retirement in divorce cases, or that they're "off limits" when calculating child support and Alimony. These misconceptions can result in financial mistakes that have serious consequences.

It is possible to submit an application for disability benefits by yourself however, the majority of disabled veterans will benefit from the assistance of a skilled lawyer. A veteran's disability attorney can examine your medical records in order to collect the evidence necessary to argue your case to the VA. The lawyer can also help to file any appeals you may require to obtain the benefits you're entitled.

The majority of VA disability lawyers don't charge for consultations. In addition the lawyer will typically be paid by the government directly from your award of retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past-due benefits your lawyer will receive should be clearly stated in your fee agreement. A fee agreement may stipulate, for example, that the government will provide the attorney with 20% of retroactive benefits. You are responsible for any additional amount.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled sullivan veterans disability Law firm. The funds are meant to offset the effects of illnesses, injuries or disabilities that were sustained or aggravated by a veteran's time of service. As with all income, veterans disability benefits are subject to garnishment.

Garnishment allows a court order that an employer or government agency deduct cash from the pay of a person who has an amount and then pay it directly to a creditor. In the event of divorce, the garnishment could be used for child or spousal maintenance.

There are situations where the benefits of a veteran can be repaid. The most frequent is the veteran who has waived his military retirement in order to receive disability compensation. In these cases, the amount of pension apportioned to disability pay can be garnished to pay family support obligations.

In other cases the benefits of a veteran can be seized to pay medical expenses or past-due federal student loans. In these situations the court may be able to go straight to the VA to get the required information. A disabled veteran should hire an experienced lawyer to protect their disability benefits. This will stop them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent help to veterans as well as their families. However they have certain complications. For instance the case where a veteran is divorced and receives an VA disability settlement, they need to know what this means for the benefits they receive.

One of the major issues in this context is whether or not disability payments are considered divisible assets in divorce. This issue has been settled 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. The other way is by an U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability benefits to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this subject is how disability benefits are treated for purposes of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. However, some states have taken an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then adds disability payments to take into account that they are tax-free.

It is also important to know the impact divorce has on their disability benefits and how ex-spouses could take advantage of their compensation. By being informed about these issues, vets can ensure their compensation as well as avoid the unintended consequences.