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

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

He wants to know how the verdict of a jury will impact his VA benefits. The answer is that it will not. However, it will have an impact on the income sources of his other income sources.

Can I get compensation for an accident?

You may be eligible to receive a settlement if you were a soldier but are now permanently disabled because of injuries or illnesses. This settlement can assist in compensating you for medical bills, lost income, and other expenses that resulted from your injury or sickness. The type of settlement you'll be able to receive will depend on whether your condition is service-connected or not connected, what VA benefits you are eligible for, and what your accident or injury will cost to treat.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He doesn't have enough work quarters to qualify for Social Security disability benefits but he does have a VA Pension benefit, which offers cash and medical treatment for free that is based on financial need. He wants to understand how a personal injuries settlement could affect his eligibility to be eligible for this benefit.

The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements are payments made over a period of time rather than a single payment and Vimeo the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will impact any existing VA benefits as the VA will annually evaluate and consider it to be income. In any case, if there are excess assets remain after the twelve-month period when the settlement is annualized Jim could be eligible for a new Pension benefit, but only if his assets are less than a minimum threshold that the VA accepts as establishing financial need.

Do I really need to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on money issues in divorce cases. Among other things, vimeo some people think that the Department of Veterans Affairs' compensation payments can be split like a military pension in a divorce or that they are "off limits" in the calculation of child support and Alimony. These misconceptions could lead to serious financial mistakes.

It is possible to file a claim for disability benefits by yourself, but most disabled veterans would require the help of a professional lawyer. A veteran's disability lawyer who is experienced will examine your medical documents and gather the necessary evidence to support your case at the VA. The lawyer can also file any appeals that you may need in order to receive the benefits you deserve.

Moreover, most VA disability lawyers do not charge fees for consultations. In addition the lawyer will usually be paid by the government directly from your award of retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past-due benefits your lawyer will receive should be clearly stated in your fee agreement. A fee agreement could state for instance that the government will give the attorney up to 20% of retroactive benefits. Any additional amount is your the responsibility of the attorney.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. These payments are designed to alleviate some of the consequences of illnesses, disabilities, or injuries sustained during or aggravated during a veteran's military service. The benefits for veterans' disability are subject to garnishment just like other incomes.

Garnishment lets 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 a creditor. In the event of a divorce garnishment can be used for child or spousal maintenance.

There are some situations where a veteran's benefits can be encashable. The most common scenario is the veteran who has waived their military retirement in order to receive disability compensation. In these scenarios the amount of pension that is devoted to disability compensation can be garnished to cover the obligations of family support.

In other cases, a veteran's benefits can be garnished to pay for medical expenses or past-due federal student loans. In these cases a court may be able to the VA to obtain the necessary information. It is crucial for a disabled veteran to find a competent lawyer to ensure that their disability benefits are not removed. This will help them avoid having to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous aid to veterans and their families. However, they come with certain complications. For instance, if a veteran gets divorced and receives an VA disability settlement, they need to know what effect this will have on the benefits they receive.

A major issue in this context is whether disability benefits are considered divisible assets in divorce. The question has been answered in two ways. A Colorado court of appeals decision declared that VA disability payments were not property and therefore could not be divided this way. The other way is by the U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability payments to pay for Vimeo an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue related to this topic is how the disability benefits are interpreted to determine child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. However, some states have chosen to take a different approach. Colorado, for example, takes all income sources together to determine the amount required to support a spouse and then adds disability income to account for their tax-free status.

It is also important that veterans know how divorce can affect their disability benefits and how their spouses who divorced could take advantage of their compensation. By being aware of these issues, veterans can ensure the security of their earnings and avoid any unintended consequences.