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 from the Department of Veterans Affairs.

He wants to know if a jury award will impact his VA benefits. It will not. It will, however, have an impact on the other sources of income he earns.

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

You could be eligible for a settlement if you were in the military but are now permanently disabled because of injuries or illnesses. This settlement can help compensate you for medical bills, lost income and other costs that resulted from your injury or sickness. The type of settlement you'll be able to receive depends on whether your health condition is non-service connected, what VA benefits you are eligible for, and the amount your accident or injury will cost to treat.

Jim, a 58-year veteran of the Vietnam war was diagnosed with permanent disabilities because of his two years of service. He doesn't have enough work space to be eligible for Social Security Disability benefits, however, he is able to claim a VA Pension that provides cash and medical treatment for free according to his financial need. He would like to find out if a personal injury settlement would affect his ability receive this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements require installments over time instead of a single payment. The amount that defendant pays is calculated to offset existing VA benefits. However, a lump sum payment will likely affect existing benefits since the VA considers it to be income and will annually calculate it. In any case, if there are excess assets are left over after the period of twelve months when the settlement is annualized, Jim could be eligible for a new Pension benefit, but only if his assets are below a threshold that the VA accepts as establishing financial need.

Do I require an attorney?

Many service members, spouses, and former spouses are concerned about VA disability payments and their impact on financial issues in divorce. Some people believe, among other things that the Department of Veterans Affairs compensation payments can be divided like military retirements in divorce cases, or that they're "off limits" in calculating child support and Alimony. These misconceptions can result in financial mistakes which can have serious consequences.

While it is possible to make an initial claim for disability benefits on your own, most disabled veterans require the help of a qualified lawyer. A disability attorney for veterans can look over your medical records and gather the evidence required to present a convincing case in front of the VA. The lawyer can also help to make any appeals you require to secure the benefits you deserve.

Moreover, most VA disability lawyers don't charge fees for consultations. Additionally that the lawyer will normally be paid by the government directly from your award of 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 be paid must be specified in your fee agreement. A fee agreement could stipulate that, for example, the government would give the attorney up to 20% of retroactive benefits. Any additional amounts will be your responsibility.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled omak veterans disability law firm. The purpose of the payments is to compensate for the effects of injuries, diseases or disabilities sustained or worsened during the veteran's time of service. As with all income, veterans disability benefits can be subject to garnishment.

Garnishment allows a court order that an employer or government agency stop money from the wages of a person who has the debt and pay it directly to a creditor. In the case of a divorce, garnishment can be used to pay spousal support or child support.

There are situations where the benefits of a veteran can be encashable. The most common scenario is a veteran who waived their military retirement to get disability compensation. In these instances, the portion of pension that is devoted to disability payments can be garnished to pay for family support obligations.

In other situations, veteran's benefits may also be seized to pay medical expenses or federal student loans that are over due. In these instances, a court may be able to go straight to the VA to obtain the necessary information. The disabled veteran should consult an experienced lawyer to protect their disability benefits. 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 an excellent assistance to Willoughby Veterans Disability Law Firm and their families. However they do come with their own set complications. If a veteran divorces and receives a VA settlement and is eligible, they should know what this will do to their benefits.

One of the major issues in this regard is whether or not the disability payments count as divisible assets in a divorce. This issue has been settled in a variety of ways. One is through the Colorado court of appeals decision that found that VA disability payments are not property and can't be divided as such. Another way is through the U.S. Supreme Court ruling in Howell which held that garnishing the 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 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 to be used for this purpose. Some states have different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then adds up the disability payments to take into the fact that they are tax-free.

Finally, it is important that veterans understand how their disability compensation will be affected when they get divorced and how their spouses' ex-spouses could affect their compensation. By being knowledgeable about these questions, veterans can guard their income and avoid unwanted consequences.