How a Veterans 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 disability case Affairs.

He wants to know how an award from a jury will impact his VA benefits. The answer is that it will not. But it will have some impact on the other sources of income he has.

Do I have the right to receive compensation for an accident?

You may be eligible for a settlement if have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement can help compensate you for Veterans Disability Settlement medical bills, lost income and other expenses that resulted from your injury or sickness. The type of settlement you'll get depends on whether or not your condition is service-connected or not connected, what VA benefits you are eligible for, and how much your accident or injury will cost to treat.

Jim is a 58 year veteran of the Vietnam war was diagnosed with permanent disabilities due to his two years of service. He doesn't have enough work quarters to qualify for Social Security disability benefits but he does have a VA Pension benefit which provides cash and free medical assistance that is based on financial need. He would like to be aware of whether a personal injury settlement could affect his ability to get this benefit.

The answer is dependent on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements consist of the payment of over time rather than one single payment. The amount paid by defendant is calculated to offset the existing VA benefits. In contrast, a lump sum payout will likely affect existing benefits since the VA considers it as income and will increase it. If Jim has extra assets after the settlement is annually adjusted then he is eligible to receive the Pension benefit. However the assets must be under a limit that the VA has determined to be a financial necessity.

Do I have to hire an attorney?

Many service members, spouses, and former spouses have questions about VA disability payments and their effect on financial issues during a divorce. Some people believe, among other things, that Department of veterans disability attorney Affairs compensation payments can be divided like an army retirement in divorce cases, or that they're "off limits" in calculating child support and Alimony. These misconceptions could lead to financial mistakes that have serious repercussions.

It is possible to file a claim for disability benefits by yourself, but most disabled veterans disability litigation will benefit from the assistance from a competent lawyer. A veteran's disability lawyer can look over your medical records and gather the evidence required to argue your argument before the VA. The lawyer can also file any appeals you might require to get the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. In addition, the lawyer will generally be paid by the government directly out of your retroactive past due benefits. This is one of the benefits of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will receive should be clearly stated in your fee agreement. For example your fee agreement may state that the government will pay the lawyer up to 20% of the retroactive benefits or provide. Any additional amounts are your the responsibility of the attorney.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA it is in the form of monthly payments. The payments are intended to help offset the impact of illnesses, injuries or disabilities sustained or aggravated by a veteran's time of service. Like other income sources, veterans disability benefits are subject to garnishment.

Garnishment allows a court order that an employer or government agency stop funds from the paycheck of a person who is in the process of paying an obligation and pay it directly to a creditor. In the event of divorce, garnishment can be used to pay child or spousal care.

There are a few situations in which the benefits of a veteran can be repaid. Most common is the veteran who has waived his military retirement in order to receive disability compensation. In these situations, the portion of pension that is devoted to disability benefits can be garnished in order to fulfill the family support obligations.

In other instances, a veteran's benefits could be garnished in order to cover medical expenses or federal student loans that are past due. In these instances the court might be able to the VA to obtain the necessary information. It is essential for disabled veterans disability claim to find a competent attorney to ensure that their disability benefits aren't taken away. This will help them avoid having to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans and their families. However, they come with certain complications. For example, if a veteran gets divorced and is awarded a VA disability settlement, they must be aware of how this will affect their benefits.

One of the major issues in this regard is whether or not the disability benefits are considered divisible assets in a divorce. This question has been resolved in two ways. A Colorado court of appeals ruling determined that VA disability payments were not property and therefore could not be divided in this manner. Another method is the U.S. Supreme Court ruling in Howell which held that garnishing the veteran's VA disability benefits to pay alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this issue is the treatment of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. However, certain states have adopted an alternative approach. Colorado, for example, adds all income sources together to determine the amount needed to support a spouse. It then adds disability benefits to account for their tax-free status.

Additionally, it is essential for veterans to understand how their disability benefits will be affected if they become divorced and how their spouses' ex-spouses could be able to garnish their compensation. If they are aware of these issues, veterans can protect their benefits and avoid unintended consequences.