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 dunedin veterans disability law firm Affairs.

He would like to know if a jury verdict will affect his VA benefits. It will not. But it will have an impact on the other sources of income he has.

Do I have the right to receive compensation for an accident?

If you have served in the military and are permanently disabled because of injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement can assist in compensating you for medical bills, lost income, and other expenses that resulted from your injury or sickness. The type of settlement that you will receive will depend on whether your injury or illness is service-connected, what VA benefits you qualify for, and the amount you will need to treat your injury or accident.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He doesn't have enough work space to be eligible for Social Security Disability benefits, however, he does have the VA Pension which offers cash and medical care for free based on his financial need. He wants to find out if a personal injury settlement could affect his ability to receive this benefit.

The answer will depend on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are payments made over a time period rather than a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. However, a lump sum settlement will probably impact any benefits already in place because the VA considers it to be income and will annually calculate it. If Jim has excess assets after the settlement has been annualized then he is eligible to be eligible for the pension benefit. However, his assets must be less than a certain threshold that the VA has set that establishes financial necessity.

Do I have to hire an attorney?

Many spouses, military personnel, and former spouses have questions about VA disability benefits and their effect on financial issues during divorce. There are many other reasons, but some people think that the Department of Veterans Affairs' compensation payments are able to be divided like a pension from a military service in divorce or are "off limits" in the calculation of child support and alimony. These misconceptions can lead to serious financial mistakes.

While it is possible to do an initial claim for disability benefits by yourself, the majority of disabled gloucester city veterans disability attorney (vimeo.com) require the assistance of a skilled lawyer. An experienced veteran's disability lawyer can examine your medical documents and gather the required evidence to present a strong case at the VA. The lawyer will also be able to file any appeals that you require to obtain the benefits you deserve.

Most VA disability lawyers don't charge for consultations. Additionally that the lawyer will normally be paid by the government directly from your award of retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will receive should be clearly stated in your fee agreement. A fee agreement could state for instance that the government will pay the attorney 20 percent of retroactive benefits. You will be accountable for any additional amount.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. These payments are designed to compensate for the effects of injuries, illnesses or disabilities that were suffered or aggravated during a veteran's time of service. The benefits for veterans with disabilities are subject to garnishment just like any other income.

Garnishment is a legal action which allows a court decide that an employer or a government agency to deduct funds from the wages of a person who owes money and send them directly to a creditor. In the case of divorce, garnishment could be used to pay spousal support or child support.

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

In other situations, veteran's benefits may also be seized in order to pay for medical expenses or federal student loans that are past due. In these instances, a court may be able to directly to the VA to obtain the necessary information. It is crucial for disabled veterans to hire a knowledgeable attorney to ensure that their disability benefits aren't being snatched away. This can help them avoid having to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge aid to veterans and their families, but they do come with their own set of challenges. For example, if a veteran gets divorced and is awarded a VA disability settlement, they need to know how this could affect the benefits they receive.

A major issue in this regard is whether or not the disability payments count as divisible assets in a divorce. This question has been resolved in two ways. One method is the Colorado court of appeals decision that found that VA disability payments are not property, and therefore cannot be divided in that way. Another method is the U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability payments to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this issue is the handling of disability benefits to children for support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. Certain states employ an alternative approach. Colorado is one example. It adds all income sources together to determine the amount required to provide for a spouse. Colorado then adds on disability payments to reflect their tax-free status.

It is also important that veterans understand how divorce will affect their disability compensation and how ex-spouses can garnish their compensation. By being aware of these issues, vets can ensure their compensation and avoid any unintended consequences.