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How a Veterans 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 know if the jury's verdict will affect his VA benefits. The answer is not. It will, however, 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 in the military but are now permanently disabled as a result of injuries or illnesses. This settlement could help you receive compensation for your medical bills, lost wages and other costs resulting from your injury or illness. The kind of settlement you'll be able to receive will depend on whether your health condition is non-service connected, which VA benefits you qualify for, and how much your accident or injury will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He doesn't have enough work space to qualify for Social Security Disability benefits, however, he does have the VA Pension which offers free medical treatment and cash based on his financial need. He would like to determine if a personal accident settlement could affect his ability to be eligible for this benefit.

The answer is dependent on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are settlements that are paid over a period of time instead of in one payment and the amount received by the defendant is used to offset any existing VA benefits. However, a lump sum payout will likely alter any existing benefits as the VA considers it as income and will increase it. If Jim has extra assets after the settlement is annually adjusted the applicant can apply again to receive the Pension benefit. However the assets must be less than a certain threshold that the VA has determined to be a financial necessity.

Do I Need to Hire an Attorney?

Many service members, spouses and former spouses have concerns about VA disability benefits and their impact on financial issues during a divorce. In addition, some people believe that the Department of veterans disability attorney Affairs' compensation payments are able to be divided like a military pension a divorce or that they are "off limits" when it comes to calculation of child support and alimony. These misconceptions may lead to grave financial errors.

While it is possible to file an initial claim for disability benefits on your own, most disabled veterans can benefit from the help of a qualified attorney. A veteran's disability attorney can examine your medical records in order to gather the evidence required to prove your argument before the VA. The lawyer can also help to file any appeals that you require to obtain the benefits you are entitled to.

Most VA disability lawyers don't charge for consultations. Additionally, 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 proportion of retroactive past-due benefits that your lawyer will be paid should be outlined in your fee agreement. For instance your fee agreement may stipulate that the government will pay the attorney up to 20% of the retroactive benefits or provide. Any additional amounts are your the responsibility of the attorney.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The payments are meant to help offset the effects of disability, illness, or injuries sustained during or aggravated by a veteran's military service. Like all incomes, veterans disability benefits can be subject to garnishment.

Garnishment is a court-ordered procedure that an employer or government agency stop cash from the pay of a person who has a debt and send it directly to a creditor. In the event of divorce, garnishment can be used to pay child or spousal support.

There are a few situations where disability benefits can be refunded. The most frequent scenario involves a veteran who waived their military retirement in order to claim disability compensation. In these situations the amount of pension allocated to disability payments could be garnished to meet family support obligations.

In other situations veterans' benefits could be garnished to pay for medical expenses or past due federal student loans. In these cases a judge can refer a case directly to the VA to obtain the information they require. It is vital for disabled veterans to retain a knowledgeable attorney to ensure that their disability benefits are not garnished. This will help them avoid having to depend on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great aid to veterans and their families. However they have their own set complications. If a veteran is divorced and receives an VA settlement, he or wakewiki.de she should be aware of what this might do to their benefits.

One of the major issues in this context is whether or not disability payments count as divisible assets in a divorce. This issue has been addressed in a variety of ways. A Colorado court of appeals decision decided that VA disability payments were not property and therefore could not be divided in this manner. Another method is the U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability benefits to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue related to this issue is how disability benefits are treated for purposes of child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. Certain states take an alternative approach. Colorado is one example. It adds all sources of income together to determine the amount required to support a spouse. It then adds disability income to reflect their tax-free status.

It is also vital that veterans know the impact divorce has on their disability compensation and how their ex spouses can garnish their compensation. By being aware of these issues, veterans can ensure the security of their earnings and avoid any unintended consequences.