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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 due to his military service. He receives a monthly pension benefit from the Department of schererville Veterans disability lawsuit Affairs.

He would like to find out if a verdict from a jury will impact his VA benefits. It won’t. But it will have some impact on his other sources of income.

Can I receive compensation in the event of an accident?

If you’ve been in the military and are now permanently disabled due to injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will allow you to get compensation for medical expenses, lost wages, and other expenses resulting from your illness or injury. The kind of settlement you’ll be able to receive depends on whether your health condition is non-service connected, the VA benefits you are eligible for, and how much your injury or accident will cost to treat.

Jim is a 58 year veteran of the Vietnam war was diagnosed with permanent disabilities due to his two years of service. He does not have enough space for work to be eligible for Social Security Disability benefits, however, he is able to claim an VA Pension that offers cash and medical treatment for free dependent on the amount of money he needs. He would like to know how a personal injury settlement could affect his eligibility to receive this benefit.

The answer is contingent upon whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are based on payments over time rather than one payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum payout will likely affect any existing benefits because the VA considers it income and will annualize it. In any case, if there are excess assets remain after the period of twelve months when the settlement has been annualized Jim may be eligible to apply again for the pension benefit, but only if his assets fall below a threshold that the VA is able to agree establishes financial need.

Do I need to hire an Attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its impact on money issues in a divorce case. There are many other reasons, but some people think that the Department of Veterans Affairs’ compensation payments can be divided like a military pension divorce or are “off limits” in calculation of child support and alimony. These misconceptions could lead to serious financial errors.

While it is possible to do an initial claim for disability benefits on your own, the majority of disabled veterans require the assistance of a skilled attorney. A veteran’s disability lawyer who is experienced can examine your medical documents and gather the necessary evidence to make a convincing case to the VA. The lawyer can also help to submit any appeals you need to get the benefits you are entitled to.

Moreover, most VA disability lawyers do not charge fees for consultations. The government also pays the lawyer directly from the benefit of retroactive benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly define the proportion of retroactive benefits that will be paid to your lawyer. A fee agreement may stipulate for instance that the government will pay the attorney 20% of retroactive benefits. You will be responsible for any additional costs.

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 funds are intended to help offset the effects of diseases, disabilities or injuries that are sustained or aggravated by a veteran’s military service. The benefits for addison veterans disability lawyer‘ disability are subject to garnishment, as is any other income.

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

There are a few situations in which rowlett veterans disability lawsuit‘ benefits could be encashable. The most common scenario involves the veteran who has waived their military retirement to get disability compensation. In these situations the portion of the pension that is allocated to disability pay can be garnished to pay family support obligations.

In other instances, a veteran’s benefits may also be garnished in order to pay medical bills or federal student loans that are past due. In these instances the court may be able to direct the case to the VA to get the required information. A disabled veteran should hire an experienced attorney to protect their disability benefits. This can help them avoid having to depend on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to veterans and their families. However they do come with their own set complications. For example, if a veteran gets divorced and is awarded a VA disability settlement, they need to know what effect this will have on their benefits.

In this case, a major question is whether disability benefits are considered assets that can be divided in divorce. This issue has been settled in a couple of ways. A Colorado court of appeals decision declared that VA disability payments were not property and 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 the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this topic is how the disability benefits are treated for purposes of child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. Certain states employ an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds disability benefits to take into account that they are tax free.

It is also essential that veterans understand how divorce affects their disability benefits and how ex-spouses could slash their benefits. By knowing about these issues, veterans can safeguard their income and avoid unwanted consequences.