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How a veterans disability attorney (resources) 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 Veterans Affairs.

He wants to know if a jury verdict will impact his VA benefits. It will not. It will, however, affect his other income sources.

Can I receive compensation in the event of an accident?

If you've served in the military and are permanently disabled because of injuries or illnesses, you could be eligible for a veterans disability compensation disability settlement. This settlement can help compensate you for medical bills, lost income, veterans disability attorney and other expenses resulting from your illness or injury. The type of settlement you'll be able to receive will depend on whether your condition is service-connected or not connected, the VA benefits you are eligible for, and what your accident or injury will cost to treat.

Jim is a 58 year old Vietnam veteran was diagnosed with permanent disabilities due to his two years of service. He does not have enough work space to qualify for Social Security disability benefits but He does have a VA Pension benefit that offers cash and medical treatment for free based on financial need. He would like to know if a personal injury settlement could affect his ability to receive this benefit.

The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are based on the payment of over time instead of one single payment. The amount paid by the defendant is calculated to offset existing VA benefits. A lump sum payment can affect any existing VA benefits as the VA will annually calculate and consider it to be income. If Jim has assets that are not used up after the settlement is annually adjusted and he wants to reapply, he will be eligible for the pension benefit. However the assets must be below a threshold 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 its impact on financial issues in divorce cases. Some people believe, among other things 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 it comes to calculating child support and alimony. These misconceptions can result in financial mistakes which can have serious consequences.

It is possible to submit an application for disability benefits by yourself However, most disabled veterans would require the help of a professional lawyer. A qualified veteran's disability lawyer will examine your medical records and gather the necessary evidence needed to build a strong case to the VA. The lawyer will also be able to make any appeals you require to secure the benefits you are entitled to.

In addition, the majority of VA disability lawyers do not charge fees for consultations. Additionally the lawyer will usually be paid by the government directly from your award of retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly specify the percentage of retroactive benefits that will be paid to your lawyer. A fee agreement could say for instance that the government would provide the attorney with 20 percent of retroactive benefits. You will be responsible for any additional costs.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA it is in the form of monthly payments. The purpose of the payments is to compensate for some of the consequences of illnesses, disabilities or injuries that are sustained or aggravated during a veteran's military service. As with all income, Veterans disability Attorney benefits for veterans with disabilities are subject to garnishment.

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

There are situations where a veteran's benefits can be garnished. Most common is the veteran who has renounced his retirement from the military in order to receive disability compensation. In these instances the amount of pension that is devoted to disability payments can be garnished in order to cover the obligations of family support.

In other situations veterans disability claim' benefits could be seized to pay medical expenses or past due federal student loans. In these situations the court could go directly to the VA to obtain the information they require. A disabled veteran should employ an experienced attorney to safeguard their disability benefits. This will prevent them from being forced to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major help for veterans and their families, however they come with their own set of challenges. For instance the case where a veteran is divorced and is awarded an VA disability settlement, they should be aware of what this means for the benefits they receive.

In this regard the most important question is whether or not disability payments are considered assets that could be divided in a divorce. This issue has been addressed in a variety of ways. One is through an Colorado court of appeals ruling that concluded that VA disability payments are not property, and therefore cannot be divided in this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability benefits for an alimony payment was a violation of USFSPA.

Another concern with this subject is how disability benefits are interpreted in the context 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 the opposite approach. Colorado, for example, takes all income sources together to determine the amount needed to support a spouse and then adds disability payments to account for their tax-free status.

It is also crucial that veterans disability attorneys know how divorce will affect their disability benefits and how their spouses who divorced can slash their income. By being aware of these issues, veterans disability lawyers can safeguard their benefits and avoid any unintended consequences.