• 글쓰기
• 목록

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled due to his service in the military. He receives a monthly pension benefit from the Department of Veterans Affairs.

He wants to know how a jury award will affect his VA benefits. It will not. However, it will have an impact on his other sources of income.

Can I Receive Compensation for an accident?

If you have served in the military, and are permanently disabled due to injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement could help you receive compensation for your medical expenses, lost wages, and other costs resulting from your injury or illness. The type of settlement that you are eligible for will depend on whether or not 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.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He hasn't got enough work space to be eligible for Social Security disability benefits but He does have a VA Pension benefit that offers medical care and cash in accordance with financial need. He would like to be aware of whether a personal injury settlement will affect his ability to receive this benefit.

The answer will depend on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements involve installments over time instead of one single payment. The amount that defendant pays is calculated to offset existing VA benefits. A lump sum payout is likely to alter any existing benefits as the VA considers it as income and will increase it. If Jim has excess assets after the settlement is annualized, he can reapply to receive the Pension benefit. However his assets must be under a limit that the VA has set that establishes financial necessity.

Do I need to employ an attorney?

Many spouses, military personnel and former spouses have questions about VA disability payments and their impact on money issues during divorce. In addition, some people think that the Department of Veterans Affairs' compensation payments can be split like a military pension in a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions can lead to financial errors that can have grave consequences.

While it is possible to submit an initial claim for disability benefits on your own, many disabled veterans require the assistance of an experienced lawyer. An experienced veteran's disability lawyer will review your medical documents and gather the necessary evidence to make a convincing case to the VA. The lawyer will also be able to make any appeals you require to secure the benefits you deserve.

Furthermore, the majority of VA disability lawyers don't charge fees for consultations. In addition, 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. The amount of retroactive past due benefits that your lawyer will be paid should be outlined in your fee agreement. For instance an agreement on fees could specify that the government will pay the lawyer up to 20% of the retroactive benefits or give. Any additional amounts are your the responsibility of the attorney.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The payments are meant to alleviate some of the effects of disabilities, diseases or injuries that are sustained or aggravated due to a veteran's military service. Like other income sources, veterans disability benefits can be subject to garnishment.

Garnishment lets a court order that an employer or a government agency withhold funds from the paycheck of an individual who owes an amount and then pay it directly to a creditor. In the event of a divorce, garnishment can be used to pay spousal support or child support.

There are a few situations in which veterans' benefits could be encashable. The most common scenario is that of a veteran who renounced his military retirement to receive disability compensation. In these situations the portion of the pension allocated to disability payments could be garnished to meet family support obligations.

In other situations, veteran's benefits may also be seized in order to pay medical bills or federal student loans that are past due. In these cases the court might be able to direct the case to the VA to obtain the necessary information. It is vital for a disabled veteran to retain a knowledgeable lawyer to ensure that their disability benefits aren't removed. This can stop 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 big help for veterans and their families, but they don't come without their own set of issues. For example the case where a veteran is divorced and receives a VA disability settlement, they need to know how this could affect their benefits.

In this case the most important question is whether or not disability benefits are considered assets that can be divided during a divorce. This issue has been settled in a couple of 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 this way. Another way is through an U.S. Supreme Court ruling in Howell that ruled 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 that is related to this topic is how the disability benefits are treated in the context of child support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. Certain states employ different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then pluses up the disability benefits to take into account that they are tax-free.

It is also crucial that veterans are aware of how divorce affects their disability benefits and how their spouses who divorced can slash their income. By being informed about these issues, veterans disability attorneys can protect their compensation as well as avoid unintended consequences.