The No. One Question That Everyone Working In Veterans Disability Litigation Should Know How To Answer

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled from his service in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to find out if a verdict from a jury will impact his VA benefits. It won't. However, it will have an impact on the income sources of his other income sources.

Can I Get Compensation for an Accident?

You may be eligible for a settlement if you were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement can allow you to get compensation for medical bills, lost wages, and other expenses resulting from your illness or injury. The type of settlement you'll receive will depend on whether your condition is service-connected or non-service connected, the VA benefits you are eligible for, as well as the amount your injury or accident will cost to treat.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He does not have enough space for work to be eligible for Social Security Disability benefits, however, he is able to claim the VA Pension, which provides cash and medical treatment for free dependent on the amount of money he needs. He would like to determine if a personal accident settlement would affect his ability get this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements are the ones that are paid over a long period of time instead of in one payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum settlement can impact any existing VA benefits as the VA will annualize and consider it to be income. In either case, if excess assets are left after the twelve month period when the settlement is annualized, Jim could be eligible for a new Pension benefit but only if his assets fall below a threshold that the VA determines to be a financial need.

Do I have to hire an attorney?

Many spouses, military personnel, and former spouses have questions about VA disability benefits and their impact on money issues during divorce. There are many other reasons, but some people think that the Department of Veterans Affairs' compensation payments are able to be divided as a military pension in a divorce or that they are "off limits" when it comes to calculation of child support and Alimony. These misconceptions can lead to financial errors that have serious repercussions.

While it is possible to do an initial claim for disability benefits on your own, many disabled veterans benefit from the help of a qualified attorney. A disability attorney for veterans can examine your medical records to gather the evidence needed to make a strong case before the VA. The lawyer can also help to submit any appeals you require to secure the benefits you're entitled.

Most VA disability lawyers do not charge for consultations. The government will also pay the lawyer directly from your payment of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will be paid must be specified in your fee agreement. A fee agreement could state, for example, that 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?

When disabled veterans receive compensation from the VA it is in the form of monthly payments. The funds are meant to alleviate the effects of injuries, diseases or disabilities sustained or aggravated during a veteran's service. The veterans disability benefits are subject to garnishment just like other incomes.

Garnishment can be a legal proceeding that allows a court to order an employer or government agency to withhold funds from the pay of an employee who owes money, and then send them directly to an individual creditor. In the event of a divorce the garnishment could be used for child or spousal maintenance.

There are certain situations where a veteran's benefits can be encashable. Most often, Mount Pleasant veterans disability attorney it is the case of a veteran who has renounced his military retirement to receive disability compensation. In these instances the pension portion that is allocated to disability compensation can be garnished to cover the obligations of family support.

In other cases it is possible for a veteran's benefits to be seized to pay medical expenses or past-due federal student loans. In these situations the court could go directly to the VA for the information they need. A disabled veteran should employ an experienced lawyer to protect their disability benefits. This will help them avoid having to depend on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous aid to Mount Pleasant veterans disability attorney and their families, however they do come with their own set-of complications. For example in the event that a veteran gets divorced and is awarded an VA disability settlement, they should be aware of how this will affect the benefits they receive.

In this context one of the major issues is whether or not disability benefits are considered assets that could be divided in divorce. This question has been resolved in a couple of ways. One way is by a Colorado court of appeals decision, which found that VA disability payments are not property and cannot be divided in this way. Another method is the U.S. Supreme Court ruling in Howell which held that garnishing the veteran's VA disability payments to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this topic is how the disability benefits are treated for purposes of child support and maintenance. Both the USFSPA, and 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 income sources together to determine the amount needed to provide for a spouse. Colorado then adds disability payments in order to take into account their tax-free status.

It is also important for oswego veterans disability attorney to understand how their disability compensation will be affected when they get divorced and how their spouses' ex-spouses could take advantage of their benefits. By being knowledgeable about these issues, veterans can ensure the security of their income and avoid unintended consequences.