How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled as a result of his time in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He would like to know if a jury verdict will affect his VA benefits. It will not. However, it will have an impact on the other sources of income he earns.

Can I claim compensation in the event of an accident?

If you've served in the military but are now permanently disabled because of injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement can help you get compensation for medical bills, lost wages and other costs resulting from your illness or injury. The type of settlement you can receive will depend on whether your medical condition is service-connected, or not connected, what VA benefits you are eligible for, as well as the amount your accident or injury will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He isn't in a position to have enough work space to qualify for Social Security Disability benefits, but he has an VA Pension that offers free medical treatment and cash dependent on the amount of money he needs. He wants to determine if a personal accident settlement would affect his eligibility to be eligible for this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements are settlements that are paid over a period of time rather than as a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. However, a lump sum payout will likely alter any existing benefits as the VA considers it a tax-deductible income and will annually increase it. If Jim has excess assets after the settlement is annually adjusted and he wants to reapply, he will receive the Pension benefit. However his assets must be under a limit that the VA has set to establish financial necessity.

Do I Need to Hire an Attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its effect on the financial aspects of a divorce case. Some people believe, among other things that Department of seminole veterans disability lawyer Affairs compensation payments are split like the military retirement in divorce proceedings or that they're "off limits" when calculating child support and alimony. These misconceptions could lead to financial mistakes that have serious consequences.

While it is possible to submit an initial claim for disability benefits on your own, many disabled veterans require the assistance of a professional lawyer. An experienced veteran's disability lawyer will review your medical records and gather the necessary evidence to support your argument to the VA. The lawyer can also help to make any appeals you require to receive the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. Additionally, the lawyer will generally be paid by the government directly from the retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly state the percentage of retroactive benefits that will be paid to your lawyer. For example your fee agreement may stipulate that the government will pay the lawyer up to 20% of the retroactive benefits or provide. You are responsible for any additional amount.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The funds are meant to help offset the impact of injuries, diseases or disabilities sustained or aggravated by a veteran's service. Like all income, the benefits for veterans with disabilities are subject to garnishment.

Garnishment lets a court order that an employer or a government agency withhold money from the pay of an individual who owes an amount and then pay it directly to a creditor. In the event of divorce, garnishment can be used for child or spousal support.

There are a few situations in which veterans' benefits could be garnished. The most frequent scenario involves the veteran who has waived their military retirement to receive disability compensation. In these instances the amount of pension allocated to disability payments can be garnished to pay family support obligations.

In other situations it is possible for a veteran's benefits to be withdrawn to cover medical expenses or past-due federal student loans. In these cases the court may be able to direct the case to the VA to get the required information. A disabled veteran should employ an experienced attorney to safeguard their disability benefits. This can help them avoid having to depend on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent help to veterans as well as their families. However they do come with certain complications. For instance the case where a veteran is divorced and is awarded an VA disability settlement, they should be aware of what this means for the benefits they receive.

In this regard, a major question is whether disability payments are considered to be assets which can be divided in divorce. This issue has been addressed in a variety of ways. A Colorado court of appeals decision declared that VA disability payments were not property and could not be divided this way. Another option is the U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern relating to this issue is the handling of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. Certain states take a different approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds disability payments to take into account that they are tax free.

It is also important for veterans to understand how their disability benefits will be affected when they get divorced and how their ex-spouses can take advantage of their benefits. By being aware of these issues, allouez veterans disability attorney can safeguard their earnings and avoid any unwanted consequences.