How a Veterans 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 know how the verdict of a jury will impact his VA benefits. It won’t. But 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, and are permanently disabled because of injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement can help you get compensation for medical bills, lost wages, and other expenses that result from your illness or injury. The type of settlement that you can receive will depend on whether or not your injury or illness is service-related, what VA benefits you are eligible for, and the amount you will need to treat your accident or injury.
Jim who is a 58-year veteran of the Vietnam war was diagnosed with permanent disabilities as a result of his two years of service. He hasn’t got enough work space to qualify for Social Security disability benefits but there is a VA Pension benefit, which offers cash and free medical assistance that is based on financial need. He wants to know what the implications of a personal injury settlement can affect his ability to benefit from this benefit.
The answer depends on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are based on installments over time instead of one payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum settlement will affect any existing VA benefits because the VA will annually calculate and consider it to be income. In any event, if extra assets are left over after the twelve-month period after the settlement is annually recalculated, Jim could apply again for the pension benefit, but only if his assets fall lower than a threshold with which the VA determines to be a financial need.
Do I require an attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on the financial aspects of divorce cases. In addition, some people believe that the Department of Veterans Affairs’ compensation payments can be split like a military pension divorce or are “off limits” in calculation of child support and alimony. These misconceptions could lead grave financial errors.
While it is possible to file an initial claim for disability benefits on your own, many disabled saraland lake zurich veterans disability lawsuit disability attorney (https://vimeo.Com/709832931) require the help of a qualified lawyer. An experienced veteran’s disability lawyer will examine your medical documents and gather the necessary evidence to make a convincing case at the VA. The lawyer can also file any appeals you might need to receive the benefits you deserve.
Additionally, the majority of VA disability lawyers charge no fees for consultations. In addition, the lawyer will generally be paid by the government directly from your retroactive past-due benefits. This is a benefit 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 state for instance that the government would give the attorney up to 20 percent of retroactive benefits. You will be responsible for any additional costs.
Can I Garnish My VA Benefits?
The VA pays monthly compensation to disabled veterans. These payments are designed to compensate for some of the effects of disabilities, diseases, or injuries sustained during or aggravated by the veteran’s military service. The benefits for veterans with disabilities are subject to garnishment like any other income.
Garnishment can be a legal proceeding that allows a court to make an order to an employer or government agency to withhold funds from the pay of an employee who is in debt and to send them directly to a creditor. In the event of a divorce garnishment can be used for child or spousal care.
There are a few situations where disability benefits can be refunded. Most often, it is the case of a veteran who has renounced his military retirement to receive disability compensation. In these instances the amount of pension that is allocated to disability payments can be garnished to fulfill the family support obligations.
In other circumstances the benefits of a veteran can be garnished to pay for medical expenses or past-due federal student loans. In these situations, a court can go directly to the VA for the information they need. It is essential for a disabled veteran to find a competent attorney to ensure that their disability benefits aren’t being snatched away. This will prevent them from being forced to rely on payday loans and private loans. lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a huge assistance to veterans and their families, but they come with their own set of issues. For example when a veteran is divorced and receives a VA disability settlement, they need to know how this will affect the benefits they receive.
A major issue in this regard is whether disability payments are considered to be divisible assets in a divorce. This issue has been settled in a variety of ways. One method is an Colorado court of appeals decision that found that VA disability payments are not property and can’t 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 a violation of USFSPA.
Another concern relating to this subject is the treatment of disability benefits for child support and maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from utilizing disability benefits as income. However, some states have taken the opposite approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse will need and then pluses up the disability benefits to take into account that they are tax free.
In the end, it is crucial that veterans understand how their disability compensation will be affected if they are divorced and how their ex-spouses may be able to garnish their compensation. By being aware of these issues, vets can safeguard their benefits as well as avoid any unintended consequences.