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How a Veterans disability law firms Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled as a result of his time in the military. 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. It will not. However, it will have an impact on the other sources of income he has.

Can I get compensation for an accident?

You may be eligible for a settlement if were in the military but are now permanently disabled because of injuries or illnesses. This settlement will allow you to get compensation for medical expenses, lost wages, and other expenses related to your illness or injury. 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 qualify for, and Veterans Disability Law Firms the cost to treat your injury or accident.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. Jim does not have enough space for work to qualify for Social Security Disability benefits, however, he can claim an VA Pension that offers free medical treatment and cash dependent on the amount of money he needs. He wants to know what the implications of a personal injury settlement will affect his ability to receive this benefit.

The answer depends on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements consist of payments over a period of time rather than one lump sum payment. The amount that defendant pays is calculated to offset existing VA benefits. A lump sum payment will impact any existing VA benefits since the VA will annualize and consider it as income. In the event that there are any excess assets remain after the period of twelve months after the settlement is annually recalculated, Jim could reapply for the Pension benefit but only if his assets are below a certain threshold that the VA determines to be a financial need.

Do I require an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its impact on the financial aspects of a divorce case. Some people believe, for instance, Veterans Disability Law Firms that Department of Veterans Affairs compensation payments can be divided like the military retirement in divorce cases, or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can lead to financial errors that have serious repercussions.

While it is possible to file an initial claim for disability benefits by yourself, the majority of disabled veterans require the help of a qualified lawyer. A veteran's disability lawyer who is experienced can review your medical records and gather the necessary evidence needed to build a strong case at the VA. The lawyer will also be able to file any appeals you may need to get the benefits you deserve.

Most VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from your amount of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past-due benefits that your lawyer will be paid should be outlined in your fee agreement. A fee agreement may stipulate that, for example, the government will give the attorney up to 20 percent of retroactive benefits. Any additional amounts will be your obligation.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA the compensation is paid in the form of monthly payments. These payments are designed to alleviate some of the effects of disability, illness or injuries sustained or aggravated due to a veteran's military service. The benefits for veterans disability law firm with disabilities are subject to garnishment, just like any other income.

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

However, there are certain circumstances where a veteran's disability benefits may be garnished. The most frequent is the veteran who waived his military retirement to receive disability compensation. In these cases, the portion of the pension that is attributed to disability benefits could be garnished to meet family support obligations.

In other circumstances veterans' benefits could be withdrawn to cover medical expenses or past due federal student loans. In these cases the court might be able to go straight to the VA to get the required information. It is essential for disabled veterans to find a competent lawyer to ensure that their disability benefits are not garnished. This can prevent them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big aid to veterans and their families, however they don't come without their own set of challenges. If a veteran gets divorced and receives an VA settlement then they must know what this will do to the benefits they receive.

In this context, a major question is whether or not disability payments are considered to be assets that can be split in divorce. This question has been resolved in a variety of ways. One option is the Colorado court of appeals decision, which found that VA disability payments are not property and cannot be divided in that way. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability payments for an alimony payment was a violation of USFSPA.

Another concern with this topic is the treatment of disability benefits to children for maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from counting disability benefits as income. However, some states have chosen to take an alternative approach. Colorado for instance, adds all sources of income together to determine the amount required to support a spouse and then adds disability payments in order to take into account their tax-free status.

It is also important for veterans disability lawyer to be aware of how their disability benefits will be affected if they become divorced and how their spouses who divorced them can take advantage of their benefits. By knowing about these issues, veterans can protect their earnings and avoid any unwanted consequences.