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How a Veterans Disability law firms 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 from the Department of Veterans Affairs.

He wants to know if the verdict of a jury will impact his VA benefits. The answer is that it will not. It will, however, have an impact on the income sources of his other income sources.

Can I Get Compensation for an accident?

If you've served in the military but are now permanently disabled because of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will allow you to get compensation for medical bills, lost wages and other expenses that result from your injury or illness. The type of settlement you'll be able to get will depend on whether the medical condition is service-connected, or not connected, which VA benefits you are eligible for, and what your injury or accident will cost to treat.

Jim who is a 58-year veteran of Vietnam, was diagnosed as having permanent disabilities due to his two years of service. He doesn't have enough work space to be eligible for Social Security Disability benefits, however, he does have an VA Pension that offers free medical care and cash dependent on the amount of money he needs. He wants to learn what the implications of a personal injury settlement will affect his ability to receive this benefit.

The answer depends on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are the ones that are paid over a time period rather than as a single payment and the amount received by the defendant is used to offset any existing VA benefits. However, a lump sum payout will likely affect existing benefits since the VA considers it as income and will increase it. In any event, if extra assets are left after the twelve-month period when the settlement has been annualized Jim could be eligible for a new Pension benefit but only if his assets are lower than a threshold with which the VA is able to agree establishes financial need.

Do I need to employ an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and Veterans Disability Law Firms its impact on financial issues in a divorce case. Some people believe, for instance, that Department of veterans disability attorneys Affairs compensation payments are split like military retirements in divorce cases, or that they're "off limits" in calculating child support and alimony. These misconceptions could lead serious 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. An experienced veteran's disability lawyer will review your medical records and gather the necessary evidence to present 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.

Moreover, most VA disability lawyers don't charge fees for consultations. In addition the lawyer will usually be paid by the government directly from your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should specify clearly the percentage of retroactive benefits that will be paid to your lawyer. For example the fee agreement could specify that the government will pay the lawyer up to 20% of the retroactive benefits or give. Any additional amounts will be your responsibility.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. These payments are designed to help offset the impact of illnesses, injuries or disabilities that have been sustained or aggravated by a veteran's service. The veterans disability benefits are subject to garnishment just like other incomes.

Garnishment allows a court order that an employer or a government agency withhold money from the pay of a person who owes an obligation and pay it directly to a creditor. In the event of divorce, garnishment may be used to pay spousal maintenance or child support.

However, there are some situations where disability benefits are able to be repaid. The most frequent scenario involves a veteran who waived their military retirement in order to receive disability compensation. In these cases, the amount of pension that is attributed to disability benefits can be garnished to pay family support obligations.

In other cases the benefits of a veteran can be withdrawn to cover medical expenses or past-due federal student loans. In these situations the court can go directly to the VA to obtain the information they require. It is vital for a disabled veteran to retain a knowledgeable lawyer to ensure that their disability benefits aren't being snatched away. This will prevent them from having to depend on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous aid to veterans and their families. However they have certain complications. If a veteran gets divorced and receives a VA settlement and is eligible, they should be aware of the impact this could have to their benefits.

One of the major issues in this regard is whether disability payments are considered divisible assets in divorce. This issue has been addressed in a couple of ways. One way is by an Colorado court of appeals ruling that concluded that VA disability payments are not property and can't be divided as such. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments to pay an alimony payment was a violation of USFSPA.

Another issue that is related to this topic is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. However, certain states have adopted an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then pluses up the disability payments to take the fact that they are tax-free.

Additionally, it is essential that veterans understand how their disability benefits will be affected if they become divorced and how their spouses' ex-spouses could take advantage of their benefits. If they are aware of these questions, veterans can guard their income and avoid unwanted consequences.