• 글쓰기
• 목록

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled because of his military service. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to know if the jury's verdict will impact his VA benefits. It won't. But it will have some impact on his other sources of income.

Can I claim compensation in the event of an accident?

If you've been 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 receive compensation for your medical expenses, lost wages, and other costs resulting from your injury or illness. The kind of settlement you'll be able to receive will depend on whether your health condition is non-service connected, what VA benefits you are eligible for, and the amount your injury or accident will cost to treat.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He does not have enough working space to be eligible for Social Security disability benefits but the VA Pension benefit, which offers cash and free medical care that is based on financial need. He wants to be aware of whether a personal injury settlement would affect his eligibility to receive this benefit.

The answer will depend 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 frame rather than as a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. A lump sum settlement can impact any existing VA benefits as the VA will annually calculate and consider it to be income. If Jim has surplus assets after the settlement is annualized then he is eligible to be eligible for the pension benefit. However his assets must be less than a certain threshold that the VA has set to establish financial necessity.

Do I require an attorney?

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

It is possible to file an application for disability benefits on your own, but most disabled veterans disability law firms will benefit from the assistance of a qualified lawyer. A veteran's disability attorney will examine your medical records in order to gather the necessary evidence to present a convincing case to the VA. The lawyer can also file any appeals you might need to receive the benefits you are entitled to.

Most VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from your payment of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will be paid must be specified in your fee agreement. A fee agreement may stipulate that, for example, the government will pay the attorney up 20% of retroactive benefits. Any additional amounts will be your obligation.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The payments are intended to compensate for the effects of illnesses, injuries or disabilities that were sustained or aggravated during a veteran's service. The veterans disability benefits are subject to garnishment, just like any other income.

Garnishment permits a court order that an employer or a government agency withhold funds from the paycheck of a person who has an obligation and pay it directly to the creditor. In the event of divorce, the garnishment could be used for child or spousal maintenance.

There are situations where the benefits of a veteran can be encashable. The most common scenario is those who have renounced their military retirement in order to receive disability compensation. In these scenarios the part of pension that is devoted to disability pay can also be garnished in order to fulfill the family support obligations.

In other instances it is possible for a veteran's benefits to be withdrawn to cover medical expenses or past due federal student loans. In these cases a court may be able to go straight to the VA to obtain the necessary information. It is vital for disabled veterans to retain a knowledgeable attorney to ensure that their disability benefits aren't taken away. This will allow them to avoid having to depend on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to veterans Disability law firms and their families. However they do come with specific complications. If a veteran gets divorced and receives an VA settlement, he or she should be aware of the implications to their benefits.

A major issue in this context is whether or not the disability payments are considered divisible assets in a divorce. This issue has been addressed in a couple of ways. One option is a Colorado court of appeals ruling that concluded that VA disability payments are not property and therefore cannot be divided in this way. Another method is a U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this subject is the treatment of disability benefits for child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from counting disability benefits as income. However, certain states have taken different approaches. Colorado, for example, adds all income sources together to determine the amount required to support a spouse. The state then adds disability income to account for their tax-free status.

Additionally, it is essential for veterans disability lawyer to be aware of how their disability benefits will be affected if they are divorced and how their spouses' ex-spouses could affect their compensation. By being aware of these issues, veterans can ensure their compensation and avoid the unintended consequences.