How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled from his military service. He receives a monthly pension benefit from the Department of Ashland veterans Disability law firm Affairs.

He wants to be aware of whether a verdict by a jury will impact his VA benefits. It won't. However, it will affect the other sources of income he earns.

Can I get compensation for an accident?

You may be eligible for a settlement if served in the military but are now permanently disabled because of injuries or illnesses. This settlement can allow you to receive compensation for your medical expenses, lost wages, and other expenses related to your illness or injury. The kind of settlement you can receive will depend on whether or not your injury or illness is service-connected, what VA benefits you are eligible for, and the amount you will need to treat your injury or accident.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He isn't in a position to have enough space for work to qualify for Social Security Disability benefits, however, he can claim a VA Pension that provides cash and medical treatment for free dependent on the amount of money he needs. He would like to know if a personal injury settlement would affect his eligibility to receive this benefit.

The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements require payments over time, rather than one single payment. The amount that defendant pays is calculated to offset the existing VA benefits. In contrast, a lump sum settlement will probably affect existing benefits since the VA considers it income and will annualize it. In any case, if there are excess assets remain after the 12 month period when the settlement has been annualized Jim could be eligible for a new pension benefit, but only if his assets fall below a threshold that the VA determines to be a financial need.

Do I really need to hire an attorney?

Many spouses, service members, and former spouses have questions about VA disability payments and their effect on financial issues in divorce. Some people believe, for instance, that the Department of Veterans Affairs compensation payments are split like a military retirement in divorce cases, or that they're "off limits" when calculating child support and Alimony. These misconceptions may lead to serious financial mistakes.

It is possible to file a claim for disability benefits by yourself However, most disabled veterans would benefit from the assistance of a professional lawyer. A skilled veteran's disability lawyer can examine your medical records and gather the necessary evidence to support your argument to the VA. The lawyer will also be able to submit any appeals you require to secure the benefits you're entitled.

Additionally, the majority of VA disability lawyers do not charge fees for consultations. Additionally, the lawyer will generally 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. Your fee agreement should clearly specify the proportion of retroactive benefits that will be paid to your lawyer. A fee agreement could state for instance that the government will provide the attorney with 20 percent of retroactive benefits. The attorney is responsible for any additional amounts.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The funds are intended to help offset the effects of diseases, disabilities or injuries that are sustained or aggravated during a veteran's military service. The benefits for connellsville veterans disability law firm' disability are subject to garnishment, just like other incomes.

Garnishment is a court-ordered procedure that an employer or government agency deduct money from the pay of an individual who owes a debt and send it directly to a creditor. In the case of a divorce, garnishment can be used to pay spousal maintenance or child support.

There are a few situations in which veterans' benefits could be encashable. The most common scenario is those who have renounced their military retirement to receive disability compensation. In these situations, the amount of pension allocated to disability payments can be garnished to pay family support obligations.

In other circumstances it is possible for a veteran's benefits to be garnished to pay for medical expenses or past due federal student loans. In these situations the court may be able to the VA to get the required information. It is essential for a disabled veteran to find a competent attorney to ensure that their disability benefits are not being snatched away. This will help them avoid having to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big aid to veterans and their families, but they don't come without their own set of challenges. For example, if a veteran gets divorced and receives a VA disability settlement, they should be aware of how this could affect their benefits.

A major issue in this regard is whether or not disability payments are considered divisible assets in a divorce. The issue has been resolved in a couple of ways. A Colorado court of appeals ruling found that VA disability payments were not property and could not be divided this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability benefits for the purpose of alimony was in violation of USFSPA.

Another concern related to this subject is how disability benefits are interpreted to determine child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. Certain states use an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then adds disability payments to take the fact that they are tax-free.

Additionally, it is essential for veterans to be aware of how their disability compensation will be affected if they get divorced and how their ex-spouses may take advantage of their benefits. By knowing about these issues, union city veterans disability attorney can protect their earnings and avoid any unintended consequences.