How a veterans disability lawsuit 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 Veterans Affairs.

He wants to know if the jury's verdict will affect his VA benefits. The answer is that it will not. However, it will affect the other sources of income he earns.

Can I Receive Compensation in the event of an accident?

You may be eligible to receive a settlement if you served in the military but are now permanently disabled as a result of injuries or illnesses. This settlement will allow you to receive compensation for your medical bills, lost wages and other expenses related to your illness or injury. The type of settlement that you can 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, as well as the cost to treat your accident or injury.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. He does not have enough work space to be eligible for Social Security disability benefits but He does have a VA Pension benefit that provides cash and medical treatment for free dependent on financial need. He wants to be aware of whether a personal injury settlement will affect his ability to get this benefit.

The answer is dependent on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are the ones that are paid over a long period of time rather than in a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum settlement will affect any existing VA benefits since the VA will annually calculate and consider it as income. In any event, if extra assets are left over after the twelve-month period after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit, but only if his assets are less than a minimum threshold that the VA determines to be a financial need.

Do I really need to hire an Attorney?

Many service members, spouses, and former spouses have concerns about VA disability payments and their effect on financial issues during divorce. Among other things, some people think that the Department of Veterans Affairs' compensation payments can be split as a military pension in divorce or are "off limits" in the calculation of child support and alimony. These misconceptions can lead to financial mistakes that have serious repercussions.

It is possible to submit an application for disability benefits by yourself However, most disabled veterans will benefit from the assistance of a qualified lawyer. An experienced veteran's disability lawyer can examine your medical documents and gather the necessary evidence needed to build a strong argument to the VA. The lawyer can also help to make any appeals you require to obtain the benefits you're entitled.

Most VA disability lawyers do not charge for consultations. Additionally that the lawyer will normally be paid by the government directly out of your retroactive past due benefits. This is a benefit of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will be paid should be clearly stated in your fee agreement. For instance the fee agreement could stipulate that the government will pay the attorney up to 20% of retroactive benefits or provide. You will be accountable for any additional sums.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The payments are meant to alleviate some of the effects of disabilities, diseases, or injuries sustained during or aggravated during a veteran's military service. Like all income, the veterans disability benefits can be subject to garnishment.

Garnishment is a legal action that allows a court to order an employer or government agency to omit funds from the pay of someone who owes money and send them directly to an individual creditor. In the event of a divorce garnishment may be used to pay child or spousal support.

There are a few situations where disability benefits could be repaid. The most frequent scenario involves a veteran who waived their military retirement to get disability compensation. In these situations the amount of pension that is devoted to disability pay can also be garnished in order to meet family support obligations.

In other situations, veteran's benefit may be garnished to pay for medical expenses or federal student loans that are past due. In these cases, a court may be able to go straight to the VA to obtain the necessary information. It is crucial for a disabled veteran to work with a reputable attorney to ensure that their disability benefits are not being snatched away. This will help them avoid being forced to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge aid to veterans and their families, however they come with their own set-of complications. For instance the case where a veteran is divorced and receives an VA disability settlement, they should know what this means for their benefits.

One of the major issues in this regard is whether or not disability benefits are considered divisible assets in divorce. This question has been resolved in two ways. A Colorado court of appeals ruling decided that VA disability payments were not property and therefore could not be divided this manner. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments to pay an alimony payment was a violation of USFSPA.

Another issue that is related to this subject is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. Some states have an alternative approach. Colorado for instance takes all income sources together to determine the amount required to support a spouse and then adds disability benefits in order to account for their tax-free status.

It is also important for veterans disability attorney to know how their disability benefits will be affected if they get divorced and how their ex-spouses can be able to garnish their compensation. By being informed about these issues, vets can protect their income and avoid unintended consequences.