How a veterans disability lawyers Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled because of his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.

He wants to be aware of whether a verdict by a jury will affect his VA benefits. The answer is that it will not. However, it will have an impact on the other sources of income he has.

Can I get compensation for an accident?

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

Jim, a 58 year old Vietnam veteran was diagnosed with permanent disabilities because of his two years of service. Jim does not have enough work space to be eligible for Social Security Disability benefits, but he has the VA Pension which offers cash and medical treatment for free depending on the financial needs of his. He wants to know how a personal injury lawsuit could affect his eligibility to get this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements involve payments over a period of time rather than one lump sum payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum settlement will affect any existing VA benefits as the VA will annualize and consider it income. In any case, if there are excess assets are left over after the twelve-month period when the settlement has been annualized Jim could be eligible for a new Pension benefit, but only if his assets are below a certain threshold that the VA determines to be a financial need.

Do I have to hire an attorney?

Many spouses, members of the military, and former spouses have concerns about VA disability benefits and their effect on financial issues in divorce. Some people think that the Department of Veterans Affairs' compensation payments are able to be divided as a military pension in a divorce or veterans disability that they are "off limits" in calculation of child support and Alimony. These misconceptions could lead serious financial mistakes.

While it is possible to submit an initial claim for disability benefits on your own, many disabled veterans can benefit from the assistance of a professional lawyer. A veteran's disability attorney can examine your medical records in order to gather the necessary evidence to argue your case in front of the VA. The lawyer will also be able to submit any appeals you require to receive the benefits you deserve.

Most VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from the award of retroactive 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 that, for example, the government would give the attorney up to 20% 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 payments are intended to compensate for the effects of diseases, injuries or disabilities that were sustained or aggravated by a veteran's service. Like all income, the veterans disability benefits can be subject to garnishment.

Garnishment lets a court order that an employer or government agency deduct cash from the pay of a person who is in the process of paying a debt and send it directly to the creditor. In the event of a divorce, garnishment can be used to pay spousal support or child support.

There are a few situations where disability benefits can be garnished. The most common scenario involves the veteran who has waived their military retirement to get disability compensation. In these situations the amount of pension allocated to disability payments could be garnished to meet family support obligations.

In other instances it is possible for a veteran's benefits to be garnished to pay for medical expenses or past-due federal student loans. In these instances the court could go directly to the VA to obtain the information they require. A disabled veteran should seek out an experienced lawyer to protect their disability benefits. This can stop them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous help for veterans and their families, but they're not without their own set of complications. For instance when a veteran is divorced and receives an VA disability settlement, they should know what this means for the benefits they receive.

One of the major issues in this regard is whether disability benefits are considered divisible assets in divorce. This question has been resolved in two ways. One option is a Colorado court of appeals ruling that concluded that VA disability payments are not property and cannot be divided as such. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments to pay alimony was a violation of USFSPA.

Another concern with this issue is the handling of disability benefits for child support and maintenance. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. However, certain states have adopted a different approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse will need and then adds disability benefits to take into account that they are tax-free.

Additionally, it is essential that veterans understand how their disability compensation will be affected if they are divorced and how their spouses' ex-spouses could garnish their compensation. By being informed about these issues, veterans can protect their compensation as well as avoid any unintended consequences.