How a
veterans disability law firm 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 would like to know how a jury award will affect his VA benefits. The answer is that it will not. However, it could have an impact on the other sources of income he has.
Can I Get Compensation in the event of an accident?
You could be eligible to receive a settlement if you were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement can help compensate you for medical bills, lost income, and other expenses resulting from your injury or sickness. The kind of settlement you'll be able to get depends on whether or not your condition is service-connected or non-service connected, what VA benefits you qualify for, and the amount your injury or accident will cost to treat.
Jim who is a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities as a result of his two years of service. He does not have enough working space to be eligible for Social Security disability benefits but He does have a VA Pension benefit that offers cash and medical treatment for free dependent on financial need. He would like to know if a personal injury settlement would affect his eligibility 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 based on payments over a period of time rather than one payment. The amount paid by the defendant is calculated to offset existing VA benefits. A lump sum payment will impact any existing VA benefits because the VA will annualize and consider it as income. In either case, if excess assets are left over after the twelve month period when the settlement is annualized, Jim could apply again for the Pension benefit, but only if his assets fall less than a minimum threshold that the VA agrees establishes financial need.
Do I need to hire an attorney?
Many spouses, service members and former spouses are confused about VA disability compensation and its impact on money issues in a divorce case. Some people believe, among other things that the Department of veterans disability law firms (
Gigatree.eu) Affairs compensation payments can be split as an army retirement in divorce proceedings or that they're "off limits" in calculating child support and alimony. These misconceptions may lead to serious financial errors.
While it is possible to file an initial claim for disability benefits on your own, most disabled veterans can benefit from the assistance of a skilled lawyer. A veteran's disability attorney can examine your medical records in order to collect the evidence necessary to prove your case before the VA. The lawyer can also help to file any appeals you may require to secure the benefits you deserve.
Most VA disability lawyers do not charge for consultations. The government will also pay the lawyer directly from the amount of retroactive benefits. This is a benefit 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. A fee agreement may stipulate that, for instance, the government would provide the attorney with 20% of retroactive benefits. The attorney is responsible for any additional amount.
Can I Garnish My VA Benefits?
The VA pays monthly compensation to disabled veterans. The funds are intended to offset some of the consequences of illnesses, disabilities or injuries incurred during or aggravated during a veteran's military service. The veterans disability benefits are subject to garnishment like any other income.
Garnishment is a legal procedure which allows a court order an employer or government agency to omit funds from the pay of an employee who owes money and transfer them directly to the creditor. In the case of a divorce, garnishment may be used to pay for spousal support or child support.
There are situations where a veteran's benefits can be garnished. The most common scenario involves a veteran who waived their military retirement in order to receive disability compensation. In these cases, the amount of pension apportioned to disability pay could be garnished to meet family support obligations.
In other cases, a veteran's benefits can be garnished to pay for medical expenses or past due federal student loans. In these instances, a court can go directly to the VA for the information they need. A disabled veteran should seek out an experienced lawyer to protect their disability benefits. This can help them avoid having to rely on payday and private loan lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be an enormous assistance to veterans and their families, however they do come with their own set of challenges. If a person divorces and receives a VA settlement then they must be aware of the impact this could have to the benefits they receive.
A major issue in this context is whether or not the disability payments count as divisible assets in divorce. This question has been addressed in two ways. A Colorado court of appeals decision declared that VA disability payments were not property and could not be divided this way. The other way is by an U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran's VA disability payments to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern relating to this topic is the treatment of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. However, some states have chosen to take a different approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then adds disability benefits to take into the fact that they are tax-free.
It is also vital to know the impact divorce has on their disability benefits and how their spouses who divorced could take advantage of their compensation. By knowing about these issues, veterans can safeguard their income and avoid unwanted consequences.