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How a veterans disability attorneys Disability Settlement Can Affect a Divorce Case

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

He wants to know how the jury's verdict will affect his VA benefits. It won't. However, it will have an impact on the other sources of income he has.

Can I Get Compensation in the event of an accident?

You may be eligible for a settlement if served in the military but are now permanently disabled because of injuries or illnesses. This settlement can allow you to get compensation for medical expenses, lost wages, and other expenses that result from your injury or illness. The type of settlement you could receive will depend on whether your illness or injury is a result of a service connection, the VA benefits you qualify for, and the amount you will need to treat your accident or injury.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He isn't in a position to have enough space for work to be eligible for Social Security Disability benefits, but he has an VA Pension that offers free medical treatment and cash based on his financial need. He would like to know if a personal injury settlement could affect his ability to be eligible for this benefit.

The answer will depend on whether the settlement is a lump-sum or a structured one. Structured settlements are payments made over a time frame instead of in one payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum settlement can affect 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 period of twelve months when the settlement is annualized Jim could apply again for the pension benefit, but only if his assets fall lower than a threshold with which the VA is able to agree establishes financial need.

Do I need to employ an attorney?

Many spouses, members of the military and former spouses have concerns about VA disability payments and their impact on financial issues during divorce. Some people believe, for instance, that Department of Veterans Affairs compensation payments are split like the military retirement in a divorce case or that they're "off limits" when calculating child support and alimony. These misconceptions can lead to financial mistakes that can have grave consequences.

It is possible to file an application for disability benefits on your own, but most disabled veterans will require the help of a skilled lawyer. An experienced veteran's disability lawyer can examine your medical documents and gather the required evidence to support your case to the VA. The lawyer can also file any appeals that you might require to get the benefits you are entitled to.

The majority of VA disability lawyers do not charge for consultations. Additionally the lawyer will usually 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 percentage of retroactive past-due benefits that your lawyer will be paid should be clearly outlined in your fee agreement. A fee agreement could say that, for instance, the government will pay the attorney up 20% of retroactive benefits. Any additional amounts will be your to pay.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA it is in the form of monthly payments. The payments are meant to help offset the effects of diseases, disabilities or injuries incurred during or aggravated due to a veteran's military service. Like other income sources, veterans disability benefits can be subject to garnishment.

Garnishment is a legal action that allows a court to decide that an employer or a government agency to omit funds from the pay of an employee who owes money and transfer them directly to a creditor. In the event of divorce, garnishment can be used to pay child or spousal maintenance.

There are a few situations where disability benefits could be garnished. Most common is the veteran who renounced his military retirement in order to receive disability compensation. In these scenarios the part of pension that is allocated to disability benefits can be garnished to meet family support obligations.

In other instances the benefits of a veteran can be withdrawn to cover medical expenses or past-due federal student loans. In these instances a court may be able to the VA to get the required information. A disabled veteran should employ an experienced attorney to safeguard their disability benefits. This can help them avoid being forced to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge benefit for veterans and their families, however they're not without their own set of complications. If a veteran gets divorced and receives an VA settlement it is important to be aware of the impact this could have to the benefits they receive.

In this case, the main question is whether disability benefits are considered assets that can be split in a divorce. This question has been addressed in two ways. One option is an Colorado court of appeals decision, which found that VA disability payments are not property and can't be divided in that way. Another option is the U.S. Supreme Court ruling in Howell which held that garnishing a veteran's VA disability benefits to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this subject is the treatment of disability benefits to children for support and maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from utilizing disability benefits as income. However, certain states have adopted a different approach. 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.

In the end, it is crucial for veterans to be aware of how their disability compensation will be affected if they get divorced and how their spouses who divorced them can affect their compensation. By being aware of these issues, veterans can protect their benefits and avoid unwanted consequences.