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How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled due to his time in the military. He gets a monthly pension from the Department of veterans disability lawyer Affairs.

He wants to know if a jury verdict will affect his VA benefits. The answer is not. However, it will have an impact on his other sources of income.

Can I 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 can help compensate you for Veterans Disability Settlement medical bills, lost income, and other expenses resulting from your injury or sickness. The type of settlement you will receive will depend on whether or not your illness or injury is service-related, what VA benefits you are eligible to receive, and the amount to treat your injury or accident.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He isn't in a position to have enough work space to be eligible for Social Security Disability benefits, however, he does have a VA Pension that provides cash and medical treatment for free dependent on the amount of money he needs. He would like to be aware of how a personal injury lawsuit will affect his ability to be eligible for this benefit.

The answer is contingent upon whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements consist of installments over time instead of one single payment. The amount paid by defendant is calculated to offset the existing VA benefits. However, a lump sum payout is likely to impact any benefits already in place because the VA considers it income and will annualize it. In any case, if there are excess assets remain after the twelve month period when the settlement is annualized, Jim could apply again for the Pension benefit but only if his assets are lower than a threshold with which the VA is able to agree establishes financial need.

Do I have to hire an attorney?

Many service members, spouses, and former spouses have questions about VA disability benefits and their impact on financial issues during a divorce. Some people think, for instance, that Department of Veterans Affairs compensation payments can be split as an army retirement in divorce cases, or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can result in financial mistakes that can have grave consequences.

It is possible to submit a claim for disability benefits yourself However, most disabled veterans disability compensation will benefit from the assistance of a qualified lawyer. A veteran's disability lawyer who is experienced can review your medical documents and gather the required evidence to support your case at the VA. The lawyer can also help to submit any appeals you need to get the benefits you're entitled to.

Most VA disability lawyers do not charge for consultations. Additionally the lawyer will typically be paid by the government directly from your award of retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The fee agreement should specify clearly the amount of retroactive benefits to be paid to your lawyer. For example an agreement on fees could stipulate that the government will pay the attorney up to 20% of retroactive benefits or give. You will be responsible for any additional sums.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. The purpose of the payments is to compensate for the effects of injuries, illnesses or disabilities that were sustained or aggravated by a veteran's service. The veterans disability lawsuit disability benefits are subject to garnishment, just like any other income.

Garnishment is a legal action that permits a court to decide that an employer or a government agency to deduct funds from the pay of an employee 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.

There are certain situations where veterans' benefits could be repaid. Most common is the veteran who renounced his retirement from the military in order to receive disability compensation. In these instances the part of pension that is allocated to disability pay can also be garnished in order to fulfill the family support obligations.

In other instances, a veteran's benefit may be seized in order to pay for medical expenses or federal student loans that are past due. In these situations the court can go directly to the VA for the information they need. A disabled veteran should hire an experienced attorney to protect their disability benefits. This can prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous assistance to veterans and their families. However they also come with certain complications. For instance, if a veteran gets divorced and receives a VA disability settlement, they should be aware of what this means for the benefits they receive.

In this context the most important question is whether disability payments count as assets that can be divided in a divorce. This question has been answered in two ways. A Colorado court of appeals decision found that VA disability payments were not property and therefore could not be divided this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments to pay the purpose of alimony was in violation of USFSPA.

Another concern with this subject is how disability benefits are interpreted for purposes of child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from claiming disability benefits as income. Certain states use different methods. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then pluses up the disability payments to take account that they are tax free.

It is also essential to know how divorce will affect their disability compensation and how ex-spouses could slash their benefits. By being aware of these issues, veterans disability litigation can protect their earnings and avoid any unwanted consequences.