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 fort myers veterans disability lawsuit Affairs.

He wants to know if a verdict of a juror will impact his VA benefits. The answer is that it will not. It will, however, affect his other income sources.

Do I have the right to receive 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 will pay you for medical bills, lost income, and other costs that resulted from your illness or injury. The type of settlement that you will receive will depend on whether your injury or illness is service-connected, what VA benefits you qualify for, and the amount you will need to treat your injury or accident.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He doesn't have enough work quarters to be eligible for Social Security disability benefits but there is a VA Pension benefit which provides cash and medical treatment for free based on financial need. He wants to know if a personal injury settlement could affect his ability to receive this benefit.

The answer depends on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements involve the payment of over time instead of one payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum payout will likely affect any existing benefits because the VA considers it to be income and will annually calculate it. In either case, if excess assets are left over after the twelve-month period when the settlement has been annualized Jim may be eligible to apply again for the Pension benefit but only if his assets fall below a certain threshold that the VA determines to be a financial need.

Do I Need to Hire an attorney?

Many service members, spouses, and former spouses are concerned about VA disability benefits and their impact on money issues in divorce. Some people think, for instance, that the Department of bartlett veterans Disability Lawsuit Affairs compensation payments are split like a military retirement in a divorce case or that they're "off limits" in calculating child support and alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

While it is possible to do an initial claim for disability benefits on your own, the majority of disabled veterans can benefit from the assistance of a professional lawyer. A veteran's disability lawyer can examine your medical records in order to gather the evidence needed to make a strong case before the VA. The lawyer can also file any appeals that you may need in order to get the benefits you are entitled to.

The majority of VA disability lawyers do not charge for consultations. The government will also pay the lawyer directly from your award of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will receive should be clearly stated in your fee agreement. A fee agreement could state that, for example, the government will provide the attorney with 20% of retroactive benefits. Any additional amounts are your to pay.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA the compensation is paid in the form of monthly payments. The payments are meant to alleviate some of the effects of diseases, 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 that allows a judge to make an order to an employer or government agency to take money from the pay of someone who owes money and send them directly to an individual creditor. In the event of a divorce, garnishment could be used to pay spousal or child support or child support.

However, there are some circumstances where a veteran's disability benefits could be refunded. The most common scenario involves a veteran who waived their military retirement in order to receive disability compensation. In these scenarios the pension portion that is allocated to disability compensation can be garnished to meet family support obligations.

In other instances, a veteran's benefits could be seized to cover medical expenses or federal student loans that are past due. In these cases a court may be able to direct the case to the VA to get the required information. A disabled veteran should seek out an experienced attorney to secure their disability benefits. This will stop them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous aid to veterans and their families. However they do come with their own set of complications. For instance in the event that a veteran gets divorced and receives an VA disability settlement, they should be aware of what effect this will have on the benefits they receive.

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

Another concern with this subject is the treatment of disability benefits to children for maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from claiming disability benefits as income. However, some states have taken an alternative approach. Colorado for instance adds all sources of income together to determine the amount needed to support a spouse and then adds disability payments to account for their tax-free status.

It is also important that veterans understand how divorce can affect their disability benefits and how ex-spouses can garnish their compensation. By being aware of these issues, vets can safeguard their benefits as well as avoid any unintended consequences.