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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 benefit from the Department of Veterans Affairs.

He would like to be aware of whether a verdict by a jury will impact his VA benefits. The answer is not. It will, however, have an impact on his other income sources.

Do I have the right to receive compensation for an Accident?

If you have served in the military and are permanently disabled due to injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement can allow you to receive compensation for your medical bills, lost wages and other expenses that result from your injury or illness. The type of settlement you'll be able to receive will depend on whether your condition is service-connected or non-service connected, which VA benefits you are eligible for, and how much your accident or injury will cost to treat.

Jim who is a 58-year veteran of Vietnam was diagnosed with permanent disabilities because of his two years of service. He does not have enough working space to qualify for Social Security disability benefits but He does have a VA Pension benefit that provides cash and medical treatment for free based on financial need. He wants to determine if a personal accident settlement would affect his eligibility to get this benefit.

The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements require the payment of over time, rather than one single payment. The amount paid by the defendant is calculated to offset the existing VA benefits. A lump sum settlement will probably affect existing benefits since the VA considers it income and will annualize it. In any event, if extra assets are left over after the period of twelve months when the settlement is annualized Jim could reapply for the pension benefit, but only if his assets fall lower than a threshold with which the VA accepts as establishing financial need.

Do I need to hire an attorney?

Many spouses, military personnel and former spouses have concerns about VA disability benefits and their impact on money issues during a divorce. In addition, some people think that the Department of Veterans Affairs' compensation payments can be split like a military pension a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions can result in financial mistakes that can have grave consequences.

It is possible to file a claim for disability benefits by yourself however, Shelbyville Veterans Disability Lawsuit the majority of disabled veterans would require the help of a skilled lawyer. A disability attorney for norman veterans disability lawsuit can examine your medical records in order to gather the necessary evidence to argue your case to the VA. The lawyer can also file any appeals you may require to get the benefits you deserve.

Most VA disability lawyers don't charge for consultations. Additionally the lawyer will typically be paid by the government directly out of your retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The fee agreement should clearly specify the proportion of retroactive benefits that will be paid to your lawyer. For instance, Shelbyville Veterans Disability Lawsuit a fee agreement can specify that the government will pay the attorney up to 20% of the retroactive benefits or award. Any additional amount is your the responsibility of the attorney.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. The funds are intended to offset some of the effects of disability, illness or injuries that are sustained or aggravated by the veteran's military service. The benefits for veterans' disability are subject to garnishment just like other incomes.

Garnishment is a legal action that allows a judge to require an employer or government agency to take money from the pay of an employee who owes money, and then send them directly to an individual creditor. In the case of divorce, garnishment can be used to pay spousal support or child support.

However, there are certain situations where disability benefits could be garnished. The most common scenario is that of a veteran who has waived his military retirement to receive disability compensation. In these cases the pension portion that is devoted to disability benefits can be garnished in order to meet family support obligations.

In other circumstances it is possible for a veteran's benefits to be seized to pay medical expenses or past due federal student loans. In these situations the court may be able to the VA to obtain the necessary information. It is important for disabled veterans to work with a reputable attorney to ensure that their disability benefits are not removed. This can stop them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous aid to veterans and their families. However they also come with specific complications. If a veteran gets divorced and receives a VA settlement, he or she should be aware of the impact this could have to their benefits.

In this context, the main question is whether or not disability payments count as assets that can be divided in a divorce. This question has been answered in two ways. One option is a Colorado court of appeals decision, which found that VA disability payments are not property and therefore cannot be divided in that way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments to pay Alimony was against the USFSPA.

Another concern with this topic is how the disability benefits are treated for purposes of child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. Some states have different approaches. Colorado is one example. It adds all income sources together to determine the amount needed to support a spouse. It then adds disability benefits to account for their tax-free status.

Additionally, it is essential for shelbyville Veterans Disability lawsuit to know how their disability benefits will be affected if they are divorced and how their spouses' ex-spouses could be able to garnish their compensation. By being aware of these questions, veterans can guard their earnings and avoid any unwanted consequences.