20 Trailblazers Leading The Way In Veterans Disability Litigation

How a belleview veterans Disability attorney 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 wants to know if the verdict of a jury will impact his VA benefits. It won’t. However, it will affect the other sources of income he earns.

Can I Receive Compensation for an accident?

You may be eligible for a settlement if you were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement could help you receive compensation for your medical bills, lost wages and other expenses that result from your injury or illness. The kind of settlement you could receive will depend on whether or not your illness or injury is a result of a service connection, the VA benefits you are eligible for, and the amount you will need to treat your accident or injury.

Jim who is a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities because of his two years of service. He does not have enough working space to be eligible for Social Security disability benefits but He does have a VA Pension benefit which provides cash and medical treatment for free in accordance with financial need. He wants to know how a personal injury settlement could affect his eligibility to get this benefit.

The answer depends on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are the ones that are paid over a long period of time instead of in one payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will affect any existing VA benefits because the VA will annually assess and count it income. If Jim has assets that are not used up after the settlement is annually adjusted the applicant can apply again to be eligible for the pension benefit. However his assets must be less than a certain threshold that the VA has set that establishes financial necessity.

Do I need to hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its effect on financial issues in a divorce case. Some people believe, for instance, that Department of huron veterans disability law firm Affairs compensation payments can be split as an army retirement in a divorce case or that they’re “off limits” in calculating child support and Alimony. These misconceptions could lead to serious financial mistakes.

While it is possible to submit an initial claim for disability benefits on your own, most disabled veterans get the assistance of a skilled lawyer. An experienced veteran’s disability lawyer will review your medical documents and gather the necessary evidence needed to build a strong argument to the VA. The lawyer can also file any appeals that you might require to get the benefits you are entitled to.

The majority of VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from your benefit of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly define the amount of retroactive benefits that will be paid to your lawyer. A fee agreement could stipulate that, for example, the government will pay the attorney 20 percent of retroactive benefits. Any additional amount is your obligation.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA, it comes in the form of monthly payments. These payments are designed to alleviate some of the effects of disability, illness or injuries incurred during or aggravated by a veteran’s military service. Like all incomes, veterans disability benefits can be subject to garnishment.

Garnishment lets a court order that an employer or government agency withhold funds from the paycheck of a person who has an amount and then pay it directly to the creditor. In the event of a divorce garnishment can be used for child or spousal care.

However, there are certain situations in which a veteran’s disability benefits are able to be refunded. The most frequent is the veteran who renounced his military retirement to receive disability compensation. In these situations, the portion of the pension apportioned to disability pay can be garnished for family support obligations.

In other instances veterans’ benefits could be withdrawn to cover medical expenses or past due federal student loans. In these cases the court can go directly to the VA to obtain the information they require. A disabled veteran should hire an experienced attorney 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 are a great help to veterans as well as their families. However they also come with their own set complications. If a veteran gets divorced and receives a VA settlement, he or she should be aware of the implications to the benefits they receive.

In this context, a major question is whether disability benefits are considered assets which can be divided in a divorce. This question has been addressed in two ways. A Colorado court of appeals decision found that VA disability payments were not property and therefore could not be divided this way. Another way is through an U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran’s VA disability payments to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this issue is the treatment of disability benefits to children for maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. Certain states take different approaches. Colorado for instance adds all income sources together to determine the amount required to support a spouse. It then adds disability benefits in order to take into account their tax-free status.

Finally, it is important for veterans to be aware of how their disability compensation will be affected if they are divorced and how their ex-spouses may affect their compensation. By being aware of these issues, veterans can protect their compensation and avoid unintended consequences.