How a Veterans 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 disability lawsuits Affairs.

He would like to know how the jury's verdict will affect his VA benefits. It will not. It will, however, affect the other sources of income he earns.

Can I get compensation for an accident?

If you have served in the military, and are permanently disabled because of injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement will pay you for medical bills, lost income, and other expenses resulting from your illness or injury. The type of settlement you could receive will depend on whether or not your illness or injury is service-related, what VA benefits you qualify for, and the cost to treat your injury or accident.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He hasn't got enough work space to qualify for Social Security disability benefits but there is a VA Pension benefit, which offers cash and medical treatment for free in accordance with financial need. He wants to find out if a personal injury settlement would affect his eligibility to get this benefit.

The answer is dependent on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are payments made over a time period rather than in 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 as income and will increase it. In either case, if excess assets are left after the twelve month period when the settlement is annualized Jim could apply again for the pension benefit, but only if his assets are below a certain threshold that the VA agrees establishes financial need.

Do I really 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 divorce cases. Some people think, for instance, that the Department of Veterans Affairs compensation payments can be split like a military retirement in divorce proceedings or that they're "off limits" when it comes to calculating child support and alimony. These misconceptions could lead to financial mistakes that have serious repercussions.

While it is possible to make an initial claim for disability benefits on your own, many disabled veterans disability law firms (http://ivimall.com/1068523725/Bbs/board.php?bo_table=free&wr_id=5241004) can benefit from the assistance of an experienced lawyer. An experienced veteran's disability lawyer will examine your medical documents and gather the necessary evidence to present a strong case to the VA. The lawyer can also file any appeals you may need in order to receive the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. Additionally the lawyer will typically 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 fee agreement should clearly define the proportion of retroactive benefits to be paid to your lawyer. For instance the fee agreement could stipulate that the government will pay the attorney up to 20% of the retroactive benefits or award. Any additional amounts will be your responsibility.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The purpose of the payments is to alleviate some of the effects of disability, illness or injuries incurred during or aggravated by the veteran's military service. The benefits for veterans with disabilities are subject to garnishment, just like other incomes.

Garnishment permits a court order that an employer or government agency withhold money from the wages of a person who is in the process of paying an obligation and pay it directly to a creditor. In the event of divorce, garnishment may be used to pay child or spousal maintenance.

There are some situations where the benefits of a veteran could be encashable. The most common scenario involves veterans disability law firm who have waived their military retirement in order to claim disability compensation. In these instances, the portion of the pension allocated to disability payments can be garnished to pay family support obligations.

In other instances it is possible for a veteran's benefits to be withdrawn to cover medical expenses or past-due federal student loans. In these cases, a court can go directly to the VA to obtain the information they require. It is important for a disabled veteran to retain a knowledgeable lawyer to ensure that their disability benefits aren't taken away. This will allow them to avoid having to depend on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help to veterans as well as their families. However they have their own set complications. If a person divorces and receives a VA settlement then they must be aware of the impact this could have to the benefits they receive.

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

Another issue that is related to this issue is the treatment of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. Some states have an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds up the disability payments to take the fact that they are tax-free.

It is also important to know how divorce can affect their disability benefits and how their ex spouses could take advantage of their compensation. By being informed about these issues, veterans can safeguard their benefits and avoid the unintended consequences.