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 if a jury verdict will impact his VA benefits. The answer is not. But it will have some impact on the other sources of income he has.

Do I have the right to receive compensation for an Accident?

You could be eligible for a settlement in the event that you were a soldier but are now permanently disabled because of injuries or illnesses. This settlement can assist in compensating you for medical bills, lost income and other costs that resulted from your injury or sickness. The kind of settlement you can get will depend on whether the condition is service-connected or not connected, what VA benefits you are eligible for, and the amount your injury or accident 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 hasn't got enough work space to be eligible for Social Security disability benefits but the VA Pension benefit that offers cash and free medical care that is based on financial need. He would like to be aware of how a personal injury settlement will affect his eligibility to be eligible for this benefit.

The answer will depend on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements require installments over time rather than one single payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum payout will likely affect existing benefits since the VA considers it to be income and will annually calculate it. If Jim has surplus assets after the settlement is annualized then he is eligible to receive the Pension benefit. However, his assets must be below a minimum threshold that the VA has set to establish financial necessity.

Do I require an attorney?

Many spouses, members of the military and former spouses are concerned about VA disability payments and their effect on financial issues during a divorce. There are many other reasons, but some people believe that the Department of Veterans Affairs' compensation payments can be split like a military pension a divorce or that they are "off limits" in the calculation of child support and alimony. These misconceptions can lead to serious financial errors.

It is possible to file a claim for disability benefits yourself, but most disabled veterans will require the help of a professional lawyer. A veteran's disability lawyer can review your medical records to gather the evidence needed to prove your argument before the VA. The lawyer can also file any appeals you might need to receive the benefits you are entitled to.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. The government also pays the lawyer directly from your payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly define the percentage of retroactive benefits that will be paid to your lawyer. For instance the fee agreement could stipulate that the government will pay the attorney up to 20% of retroactive benefits or give. The attorney is responsible for any additional costs.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA the compensation is paid in the form of monthly payments. These payments are designed to help offset the effects of diseases, disabilities or injuries sustained or aggravated by a veteran's military service. Like other income sources, veterans disability benefits could be subject to garnishment.

Garnishment is a legal procedure that allows a judge to order an employer or government agency to omit funds from the wages of a person who owes money and transfer them directly to an individual creditor. In the case of divorce, garnishment could be used to pay for spousal support or child support.

However, there are some situations where disability benefits are able to be repaid. The most common scenario is that of a veteran who has waived his retirement from the military in order to receive disability compensation. In these cases the amount of pension apportioned to disability pay may be garnished for family support obligations.

In other situations veterans' benefits could be seized to pay medical expenses or past-due federal student loans. In these situations, a court may be able to directly to the VA to obtain the necessary information. A disabled veteran should hire an experienced lawyer to protect their disability benefits. This will allow them to avoid being forced to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to knoxville veterans disability lawsuit and their families. However they have specific complications. For example in the event that a veteran gets divorced and receives a VA disability settlement, they should be aware of what effect this will have on the benefits they receive.

In this case, the main question is whether or not disability payments count as assets that can be split during a divorce. The question has been answered in two ways. One is through a Colorado court of appeals decision, which found that VA disability payments are not property and therefore cannot be divided in that way. Another way is through a U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability payments to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern that is related to this issue is how disability benefits are treated to determine child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from claiming disability benefits as income. Certain states employ different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds disability payments to take the fact that they are tax-free.

It is also crucial that Childress Veterans Disability Lawsuit understand how divorce can affect their disability benefits and how ex-spouses could slash their benefits. By being aware of these issues, wallington veterans disability attorney can safeguard their benefits as well as avoid the unintended consequences.