How a bethel 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 how the jury’s verdict will affect his VA benefits. The answer is not. However, it will have an impact on the other sources of income he has.

Can I get compensation in the event of an accident?

If you have served in the military but are now permanently disabled because of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can help compensate you for medical bills, lost income and other costs that resulted from your injury or sickness. The kind of settlement you can get depends on whether or not your condition is service-connected or non-service connected, which VA benefits you are eligible for, and what your injury or accident will cost to treat.

Jim, a 58 year old Vietnam veteran was diagnosed with permanent disabilities due to his two years of service. He doesn’t have enough work space to be eligible for Social Security Disability benefits, however, he does have an VA Pension that offers cash and medical care for free depending on the financial needs of his. He wants to learn how a personal injury lawsuit can affect his ability to receive this benefit.

The answer will depend on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are based on payments over time instead of one single payment. The amount that defendant pays is calculated to offset existing VA benefits. A lump sum settlement will impact any existing VA benefits because the VA will annually calculate and consider it income. If Jim has excess assets after the settlement is annualized then he is eligible to receive the Pension benefit. However the assets must be less than a certain threshold that the VA has agreed establishes financial necessity.

Do I require an Attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its effect on financial issues in divorce cases. In addition, some people believe that the Department of Veterans Affairs’ compensation payments are able to be divided like a military pension divorce or are “off limits” in calculation of child support and alimony. These misconceptions can lead to serious financial errors.

It is possible to file an application for disability benefits on your own However, most disabled washington veterans disability lawyer would benefit from the assistance from a competent lawyer. An experienced veteran’s disability lawyer can review your medical records and gather the necessary evidence needed to build a strong case at the VA. The lawyer can also file any appeals that you may 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 amount of retroactive past-due benefits your lawyer will be paid should be clearly stated in your fee agreement. A fee agreement could state that, for example, the government will give the attorney up to 20% of retroactive benefits. Any additional amounts are your obligation.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA it is received in the form of monthly payments. The funds are intended to compensate for some of the effects of disabilities, diseases or injuries sustained or aggravated by a veteran’s military service. The benefits for veterans’ disability are subject to garnishment, like any other income.

Garnishment is a legal action that allows a judge to order an employer or government agency to take money from the pay of an employee who owes money and transfer them directly to a creditor. In the event of a divorce, garnishment could be used to pay for spousal support or child support.

However, there are a few circumstances where a veteran’s disability benefits are able to be refunded. Most common is the veteran who waived his military retirement in order to receive disability compensation. In these instances the amount of pension allocated to disability payments may be garnished for family support obligations.

In other circumstances, veteran’s benefits could be seized in order to pay for medical expenses or federal student loans that are past due. In these situations the court may be able to the VA to obtain the necessary information. It is essential for a disabled veteran to find a competent attorney to ensure that their disability benefits aren’t garnished. This will 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 a major benefit for copperas cove Veterans Disability Lawyer and their families, but they don’t come without their own set of issues. If a veteran gets divorced and receives a VA settlement then they must be aware of the implications to their benefits.

In this context the most important question is whether disability benefits are considered assets that can be split in divorce. This issue has been settled in a couple of ways. One method is a Colorado court of appeals ruling that concluded that VA disability payments are not property and can’t be divided in that way. Another way is through a U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran’s VA disability benefits to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this subject is how disability benefits are treated in the context of child maintenance and support. Both the USFSPA, and the Supreme Court, prohibit states from claiming disability benefits as income. Certain states take an alternative approach. Colorado, for example, adds all income sources together to determine the amount needed to provide for a spouse. Colorado then adds disability income to reflect their tax-free status.

It is also crucial to know how divorce will affect their disability compensation and how ex-spouses can slash their income. By being aware of these issues, veterans can safeguard their benefits and avoid unintended consequences.