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How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled as a result of his military service. He receives a monthly pension benefit from the Department of veterans disability attorney Affairs.

He wants to be aware of whether a verdict by a jury will affect his VA benefits. The answer is not. But it will have an impact on his other sources of income.

Can I get compensation for an accident?

You may be eligible to receive a settlement if you were in the military but are now permanently disabled because of injuries or Veterans Disability Settlement illnesses. This settlement can assist in compensating you for medical expenses, Veterans Disability Settlement lost income and other expenses that resulted from your injury or sickness. The kind of settlement you will receive will depend on whether or not your injury or illness is a result of a service connection, the VA benefits you are eligible for, and the cost to treat your accident or injury.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. He doesn't have enough work quarters to qualify for Social Security disability benefits but there is a VA Pension benefit, which offers medical care and cash that is based on financial need. He would like to determine if a personal accident settlement will affect his ability to be eligible for this benefit.

The answer is contingent upon whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements involve payments over a period of time instead of a single payment. The amount paid by defendant is calculated to offset the existing VA benefits. In contrast, a lump sum payout will likely impact any benefits already in place because the VA considers it as income and will increase it. In any event, if extra assets remain after the period of twelve months after the settlement is annually recalculated, Jim may be eligible to apply again for the pension benefit, but only if his assets fall less than a minimum threshold that the VA agrees establishes financial need.

Do I Need to Hire an Attorney?

Many spouses, members of the military and former spouses have questions about VA disability payments and their impact on financial issues during divorce. Some people think that the Department of Veterans Affairs' compensation payments are able to be divided like a military pension in divorce or are "off limits" in the calculation of child support and alimony. These misconceptions could lead grave financial errors.

It is possible to submit an application for disability benefits by yourself However, most disabled veterans would require the help from a competent lawyer. A skilled veteran's disability lawyer will review your medical records and gather all the necessary evidence needed to build a strong argument to the VA. The lawyer can also file any appeals that you may require to receive the benefits you are entitled to.

The majority of VA disability lawyers do not charge for consultations. Additionally, 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. Your fee agreement should clearly define the proportion of retroactive benefits to be paid to your lawyer. For example an agreement on fees could provide that the government can pay the attorney up to 20% of retroactive benefits or pay. Any additional amounts are your to pay.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The purpose of the payments is to offset the effects of injuries, diseases or disabilities that have been sustained or worsened during the veteran's time of service. The benefits for veterans' disability are subject to garnishment just like other incomes.

Garnishment is a legal action that permits a court to decide that an employer or a government agency to take money from the pay of an employee who owes money and send them directly to the creditor. In the case of divorce, garnishment may be used to pay spousal or child support or child support.

There are some situations where the benefits of a veteran can be garnished. The most common scenario is veterans disability attorney who have waived their military retirement in order to claim disability compensation. In these scenarios the pension portion that is allocated to disability compensation can be garnished in order to pay for family support obligations.

In other circumstances, veteran's benefit may be garnished in order to cover medical expenses or federal student loans that are past due. In these cases a court may be able to directly to the VA to obtain the necessary information. A disabled veteran should seek out an experienced attorney to secure their disability benefits. This will help them avoid having to depend on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge assistance to veterans and their families. However they also come with their own set of complications. If a veteran gets divorced and receives an VA settlement it is important to be aware of the impact this could have to the benefits they receive.

One of the major issues in this regard is whether or not the disability payments count as divisible assets in a divorce. This issue has been settled in a couple 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 as such. The other way is by an U.S. Supreme Court ruling in Howell that ruled 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 that is related to this issue is how disability benefits are interpreted to determine child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. Certain states take different approaches. Colorado, for example, adds all income sources together to determine the amount required to support a spouse. It then adds on disability payments to reflect their tax-free status.

Finally, it is important for veterans to know how their disability compensation will be affected if they become divorced and how their ex-spouses can be able to garnish their compensation. By being informed about these issues, veterans disability legal can ensure their compensation and avoid unintended consequences.