공지사항

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled as a result of his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.

He wants to know how the verdict of a jury will impact his VA benefits. The answer is that it will not. However, it will affect the income sources of his other income sources.

Do I have the right to receive compensation in the event of an accident?

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

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. He hasn't got enough work space to be eligible for Social Security disability benefits but He does have a VA Pension benefit which provides cash and free medical care that is based on financial need. He wants to be aware of whether a personal injury settlement would affect his ability be eligible for this benefit.

The answer will depend on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements consist of the payment of over time rather than one lump sum payment. The amount paid by defendant is calculated to offset existing VA benefits. In contrast, a lump sum payment will likely affect existing benefits since the VA considers it income and will annualize it. In either case, if excess assets remain after the 12 month period after the settlement is annually recalculated, Jim could reapply for the pension benefit, but only if his assets are lower than a threshold with which the VA accepts as establishing financial need.

Do I require an Attorney?

Many spouses, service members, and former spouses are concerned about VA disability benefits and their impact on money issues in divorce. Some people think that the Department of veterans disability litigation Affairs' compensation payments are able to be divided like a pension from a military service in a divorce or that they are "off limits" when it comes to calculation of child support and Alimony. These misconceptions can lead to financial errors that have serious consequences.

While it is possible to make an initial claim for disability benefits by yourself, the majority of disabled veterans require the assistance of an experienced attorney. A veteran's disability attorney will examine your medical records to gather the necessary evidence to present a convincing case in front of the VA. The lawyer can also help to make any appeals you need to get the benefits you're entitled.

Most VA disability lawyers don't charge for consultations. Additionally that the lawyer will normally be paid by the government directly out of your award of retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly state the proportion of retroactive benefits that will be paid to your lawyer. A fee agreement could stipulate, for example, that the government would pay the attorney 20 percent of retroactive benefits. Any additional amounts are your obligation.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA it is received in the form of monthly payments. The funds are meant to compensate for the effects of injuries, illnesses or disabilities sustained or worsened during the veteran's service. Like all incomes, veterans disability litigation disability benefits could be subject to garnishment.

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

There are certain situations where a veteran's benefits can be encashable. The most common scenario is that of a veteran who has renounced his military retirement in order to receive disability compensation. In these cases the pension portion that is devoted to disability payments can be garnished in order to fulfill the family support obligations.

In other situations, veteran’s benefits can also be garnished in order to pay for medical expenses or federal student loans that are past due. In these cases the court can go directly to the VA to obtain the information they require. It is vital for a disabled veteran to find a competent lawyer to ensure that their disability benefits are not removed. This will help them avoid having to depend on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big help for veterans and their families, however they come with their own set of issues. If a veteran divorces and receives an VA settlement, he or she should know what this will do to the benefits they receive.

One of the major Veterans Disability Settlement issues in this context is whether disability payments count as divisible assets in a divorce. This question has been resolved in two ways. One way is by an Colorado court of appeals decision, which found that VA disability payments are not property and cannot be divided as such. The other way is by the U.S. Supreme Court ruling in Howell which held that garnishing the veteran's VA disability benefits to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this issue is the handling of disability benefits for child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from counting disability benefits as income. However, some states have adopted different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds up the disability payments to take the fact that they are tax-free.

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