How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's 58 year old client is permanently disabled from his military service. He receives a monthly pension benefit from the Department of
veterans disability law firms Affairs.
He wants to know if a verdict of a juror will affect his VA benefits. It will not. But it will have some impact on the other sources of income he has.
Can I claim compensation for an accident?
If you've served in the military and are now permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can help compensate you for medical bills, lost income and other costs that resulted from your illness or injury. The type of settlement you are eligible for will depend on whether your illness or injury is service-connected, what VA benefits you are eligible to receive, and the amount to treat your accident or injury.
Jim, a 58-year veteran of Vietnam was diagnosed with permanent disabilities because of his two years of service. He doesn't have enough space for work to qualify for Social Security Disability benefits, however, he can claim the VA Pension, which provides cash and medical treatment for free depending on the financial needs of his. He wants to be aware of how a personal injuries settlement could affect his eligibility to be eligible for this benefit.
The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are based on payments over time instead of a single payment. The amount paid by the defendant is calculated to offset existing VA benefits. A lump sum settlement will affect any existing VA benefits as the VA will annually evaluate and consider it to be income. In either case, if excess assets remain after the twelve-month period after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit, but only if his assets are less than a minimum threshold that the VA determines to be a financial need.
Do I require an attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on financial issues in a divorce case. Some people believe that the Department of Veterans Affairs' compensation payments can be split like a military pension in divorce or are "off limits" when it comes to calculation of child support and Alimony. These misconceptions can result in financial mistakes that have serious repercussions.
While it is possible to make an initial claim for disability benefits by yourself, the majority of disabled
veterans disability law firms get the assistance of a skilled attorney. A skilled veteran's disability lawyer will review your medical documents and gather the necessary evidence to present a strong case at the VA. The lawyer can also file any appeals that you might need to get the benefits you are entitled to.
Furthermore, the majority of VA disability lawyers charge no fees for consultations. In addition the lawyer will usually be paid by the government directly from your retroactive past due benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past-due benefits your lawyer will receive should be outlined in your fee agreement. For example, a fee agreement can provide that the government can pay the lawyer up to 20% of the retroactive benefits or give. Any additional amounts will be your the responsibility of the attorney.
Can I Garnish My VA Benefits?
The VA provides monthly compensation to disabled
veterans disability lawsuits. The purpose of the payments is to offset some of the consequences of illnesses, disabilities or injuries sustained or aggravated by the veteran's military service. Like all incomes, veterans disability benefits are subject to garnishment.
Garnishment allows a court order that an employer or a government agency withhold funds from the paycheck of a person who has the debt and pay it directly to a creditor. In the event of divorce, the garnishment could be used for child or spousal maintenance.
However, there are certain situations where disability benefits are able to be refunded. The most common situation involves those who have renounced their military retirement in order to claim disability compensation. In these cases the portion of the pension apportioned to disability pay could be garnished to meet family support obligations.
In other situations, veteran's benefit may be garnished to cover medical expenses or federal student loans that are over due. In these situations, a court may be able to go straight to the VA to obtain the necessary information. It is vital for disabled veterans to find a competent lawyer to ensure that their disability benefits are not taken away. This will prevent them from being forced to rely on payday loans or private loans. lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements are a tremendous help to veterans as well as their families. However they do come with certain complications. For instance in the event that a veteran gets divorced and receives a VA disability settlement, they must be aware of how this will affect the benefits they receive.
In this case one of the major issues is whether disability benefits are considered assets that could be divided in divorce. This issue has been settled in a variety of ways. One way is by the Colorado court of appeals decision that found that VA disability payments are not property and cannot be divided as such. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability payments for Alimony was against the USFSPA.
Another issue related to this topic is how the disability benefits are interpreted for purposes of child maintenance and support. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. Certain states take an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds the disability payments to take account that they are tax-free.
It is also vital to know how divorce can affect their disability benefits and how their ex spouses can slash their income. By being informed about these issues, vets can ensure their compensation and avoid unintended consequences.