공지사항

How a Veterans Disability Settlement Can Affect a Divorce Case

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

He wants to know if a verdict of a juror will affect his VA benefits. It won't. But it will have some impact on his other sources of income.

Can I receive compensation for an accident?

If you've been in the military and are now permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement can help compensate you for medical expenses, lost income and other costs that resulted from your injury or sickness. The kind of settlement you are eligible for will depend on whether your illness or injury is a result of a service connection, the VA benefits you are eligible for, and the cost to treat your injury or accident.

Jim, a 58-year veteran of Vietnam, was diagnosed as having permanent disabilities due to his two years of service. He doesn't have enough space for work to be eligible for Social Security Disability benefits, however, he is able to claim an VA Pension that offers cash and medical care for free dependent on the amount of money he needs. He wants to know how a personal injury lawsuit could affect his eligibility to be eligible for this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements involve payments over time instead of a single payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum settlement will probably alter any existing benefits as the VA considers it income and will annualize it. In any event, if extra assets are left over after the twelve-month period when the settlement has been annualized Jim could 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 employ an attorney?

Many spouses, service members and former spouses are concerned about VA disability payments and their impact on money issues during a divorce. Some people believe, for instance, that the Department of veterans disability compensation Affairs compensation payments are split like an army retirement in a divorce case or that they're "off limits" when calculating child support and Alimony. These misconceptions could lead to serious financial errors.

While it is possible to do an initial claim for disability benefits on your own, the majority of disabled veterans can benefit from the assistance of a professional attorney. A veteran's disability lawyer who is experienced will review your medical records and gather the necessary evidence to present a strong case to the VA. The lawyer will also be able to submit any appeals you need to get the benefits you're entitled.

Most VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from your award of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. Your fee agreement should clearly state the percentage of retroactive benefits to be paid to your lawyer. For example, a fee agreement can state that the government will pay the attorney up to 20% of the retroactive benefits or provide. Any additional amount is your responsibility.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA, it comes in the form of monthly payments. The payments are intended to compensate for the effects of illnesses, injuries or disabilities that have been sustained or aggravated by a veteran's time of service. As with all income, veterans disability benefits are subject to garnishment.

Garnishment permits a court order that an employer or government agency withhold cash from the pay of a person who is in the process of paying the debt and pay it directly to the creditor. In the event of divorce, garnishment can be used to pay child or spousal maintenance.

There are situations where the benefits of a veteran can be repaid. The most common scenario is that of a veteran who waived his military retirement to receive disability compensation. In these cases the pension portion that is allocated to disability compensation can be garnished to meet family support obligations.

In other cases, a veteran's benefits can be withdrawn to cover medical expenses or past due federal student loans. In these cases the court may be able to go straight to the VA to get the required information. A disabled veteran should seek out an experienced lawyer to protect their disability benefits. This will prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help for veterans and Veterans Disability Settlement their families, but they come with their own set of challenges. For instance when a veteran is divorced and receives an VA disability settlement, they should be aware of how this will affect the benefits they receive.

In this regard, the main question is whether or not disability payments count as assets which can be divided in a divorce. This issue has been addressed in a couple of ways. One option is a Colorado court of appeals decision, which found that VA disability payments are not property, and therefore cannot be divided in this way. The other way is by a U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability benefits to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern relating to this topic is the treatment of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. Certain states employ a different approach. Colorado is one example. It adds all income sources together to determine the amount needed to provide for a spouse. Colorado then adds disability benefits to reflect their tax-free status.

It is also important that veterans disability claim are aware of how divorce affects their disability compensation and how their spouses who divorced could slash their benefits. By being informed about these issues, veterans disability claim can ensure their compensation as well as avoid the unintended consequences.