How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled because of his time in the military. He receives a monthly Pension benefit from the Department of mesquite veterans disability attorney Affairs.

He would like to know how an award from a jury will affect his VA benefits. It won't. It will, however, have an impact on his other income sources.

Can I claim compensation for an accident?

You may be eligible for a settlement if you served in the military but are now permanently disabled as a result of injuries or illnesses. This settlement could help you get compensation for medical bills, lost wages, and other expenses resulting from your illness or injury. The type of settlement you will receive will depend on whether or not your illness or injury is a result of a service connection, the VA benefits you qualify to receive, and the amount to treat your injury or accident.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. He does not have enough working space to qualify for Social Security disability benefits but the VA Pension benefit that provides cash and free medical assistance based on financial need. He would like to find out if a personal injury settlement would affect his eligibility to get this benefit.

The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements are settlements that are paid over a long period of time rather than as a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. A lump sum payment can affect any existing VA benefits since the VA will annualize and consider it as income. If Jim has surplus assets after the settlement is annualized and he wants to reapply, he will receive the Pension benefit. However the assets he has to be below a threshold the VA has set to establish financial necessity.

Do I Need to Hire an attorney?

Many spouses, service members and former spouses have concerns about VA disability payments and their impact on financial issues during divorce. Some people believe, for instance, that the Department of Veterans Affairs compensation payments can be split like the military retirement in divorce cases or that they're "off limits" when calculating child support and alimony. These misconceptions can lead to financial mistakes that can have grave consequences.

It is possible to submit a claim for disability benefits yourself However, most disabled henryetta veterans disability lawsuit will benefit from the assistance of a qualified lawyer. A veteran's disability lawyer who is experienced will review your medical documents and gather the necessary evidence to make a convincing case to the VA. The lawyer can also help to file any appeals you may require to receive the benefits you are entitled to.

Most VA disability lawyers do not charge for consultations. Additionally the lawyer will usually be paid by the government directly out of your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will be paid should be clearly stated in your fee agreement. A fee agreement could stipulate for instance that the government will pay the attorney 20% of retroactive benefits. Any additional amounts will be your obligation.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The payments are intended to alleviate the effects of diseases, injuries or disabilities that have been sustained or aggravated during a veteran's time of service. Like all incomes, benefits for veterans with disabilities are subject to garnishment.

Garnishment is a legal action which allows a court make an order to an employer or government agency to withhold funds from the wages of a person who is in debt and to send them directly to an individual creditor. In the case of a divorce, garnishment could be used to pay spousal support or child support.

There are a few situations in which the benefits of a veteran can be repaid. The most common scenario involves those who have renounced their military retirement to receive disability compensation. In these instances the amount of pension that is allocated to disability pay may be garnished for family support obligations.

In other circumstances, veteran's benefits could be seized in order to pay for medical expenses or federal student loans that are past due. In these instances the court could go directly to the VA for the information they require. It is crucial for disabled veterans to retain a knowledgeable attorney to ensure that their disability benefits are not taken away. This will allow them to avoid being forced to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge aid to veterans and their families, but they don't come without their own set of issues. For instance the case where a veteran is divorced and is awarded a VA disability settlement, they must be aware of what effect this will have on the benefits they receive.

In this context the most important question is whether disability payments are considered to be assets that can be split in divorce. This question has been resolved in two ways. One method is the Colorado court of appeals decision, which found that VA disability payments are not property and can't be divided as such. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability benefits for an alimony payment was a violation of USFSPA.

Another concern relating 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 claiming disability benefits as income for these purposes. Certain states employ different methods. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then adds the disability payments to take the fact that they are tax-free.

In the end, it is crucial that veterans understand how their disability benefits will be affected if they get divorced and how their ex-spouses may affect their compensation. By being aware of these issues, veterans can safeguard their income and avoid unwanted consequences.