공지사항

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled as a result of his service in the military. He is able to receive a monthly pension from the Department of veterans disability compensation Affairs.

He wants to know how a jury award will affect his VA benefits. The answer is not. But it will have an impact on the other sources of income he has.

Can I Receive Compensation in the event of an accident?

If you've served in the military and are now permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement will help pay you for Veterans Disability Settlement medical expenses, lost income and other expenses resulting from your illness or injury. The type of settlement you'll receive depends on whether your health condition is non-service connected, what VA benefits you are eligible for, and what your accident or injury will cost to treat.

Jim who is a 58-year old Vietnam veteran was diagnosed with permanent disabilities due to his two years of service. He doesn't have enough work quarters to qualify for Social Security disability benefits but the VA Pension benefit, which offers medical care and cash in accordance with financial need. He wants to determine if a personal accident settlement could affect his ability to get this benefit.

The answer is dependent on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are settlements that are paid over a time frame rather than as a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment can impact any existing VA benefits since the VA will annualize and consider it to be income. In any event, if extra assets are left over after the twelve-month period when the settlement is annualized, Jim could be eligible for a new pension benefit, but only if his assets fall less than a minimum threshold that the VA agrees establishes financial need.

Do I have to hire an attorney?

Many spouses, members of the military and former spouses have questions about VA disability benefits and their impact on financial issues in divorce. Some people think, for instance, that the Department of Veterans Affairs compensation payments are split like the military retirement in divorce cases, Veterans Disability Settlement or that they're "off limits" in calculating child support and Alimony. These misconceptions may lead to grave financial errors.

It is possible to submit an application for disability benefits on your own However, most disabled veterans disability attorneys would benefit from the assistance of a qualified lawyer. A veteran's disability lawyer can look over your medical records and gather the evidence required to prove your case in front of the VA. The lawyer will also be able to file any appeals that you require to obtain the benefits you're entitled to.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from the payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will be paid should be clearly outlined in your fee agreement. A fee agreement may stipulate that, for instance, the government will provide the attorney with 20% of retroactive benefits. The attorney is responsible for any additional sums.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans disability claim. These payments are designed to alleviate the effects of injuries, diseases or disabilities sustained or aggravated by a veteran's time of service. Like all income, the veterans disability settlement disability benefits are subject to garnishment.

Garnishment is a legal action that permits a court to make an order to an employer or government agency to take money from the pay of someone who owes money and transfer them directly to an individual creditor. In the case of a divorce, garnishment can be used to pay spousal or child support or child support.

However, there are a few situations in which a veteran's disability benefits could be refunded. Most often, it is the case of a veteran who has waived his military retirement in order to receive disability compensation. In these instances, the portion of pension that is allocated to disability pay can also be garnished to pay for family support obligations.

In other circumstances it is possible for a veteran's benefits to be garnished to pay for medical expenses or past-due federal student loans. In these instances a court may be able to directly to the VA to obtain the necessary information. It is essential for a disabled veteran to retain a knowledgeable attorney to ensure that their disability benefits are not removed. This can stop them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major aid to veterans and their families, but they don't come without their own set-of complications. If a veteran is divorced and receives an VA settlement and is eligible, they should be aware of the impact this could have to the benefits they receive.

In this context the most important question is whether or not disability payments are considered to be assets that can be split in divorce. This question has been resolved in two ways. A Colorado court of appeals ruling found that VA disability payments were not property and therefore could not be divided this manner. The other way is by an U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability payments to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern relating to this issue is the handling of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. However, certain states have taken different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then adds up the disability payments to take account that they are tax free.

It is also crucial to know how divorce can affect their disability benefits and how their spouses who divorced can slash their income. By being informed about these issues, vets can ensure their compensation as well as avoid any unintended consequences.