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 how an award from a jury will affect his VA benefits. It will not. However, it will have an impact on his other sources of income.
Do I have the right to receive compensation for an accident?
If you have served in the military and are permanently disabled as a result of injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement could help you get compensation for medical bills, lost wages, and other expenses related to your injury or illness. The type of settlement that you could receive will depend on whether or not your injury or illness is related to service, what VA benefits you qualify for, as well as the cost to treat your injury or accident.
Jim who is a 58-year veteran of Vietnam was diagnosed with permanent disabilities as a result of his two years of service. He doesn’t have enough work space to qualify for Social Security Disability benefits, however, he does have a VA Pension that provides cash and medical treatment for free based on his financial need. He wants to determine if a personal accident settlement will affect his ability to be eligible for this benefit.
The answer depends on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are payments made over a period of time rather than as a single payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum settlement can affect any existing VA benefits since the VA will annualize and consider it income. In any case, if there are excess assets are left after the twelve month period when the settlement has been annualized Jim could apply again for the Pension benefit, but only if his assets fall lower than a threshold with which the VA accepts as establishing financial need.
Do I need to hire an attorney?
Many service members, spouses and former spouses have concerns about VA disability benefits and their effect on financial issues in divorce. Some people believe, among other things, that the Department of Veterans Affairs compensation payments are split like a military retirement in divorce proceedings or that they’re “off limits” when it comes to calculating child support and alimony. These misconceptions can lead to financial mistakes that can have grave consequences.
While it is possible to file an initial claim for disability benefits on your own, many disabled veterans benefit from the assistance of a skilled lawyer. An experienced veteran’s disability lawyer will examine your medical records and gather all the necessary evidence needed to build a strong case to the VA. The lawyer will also be able to submit any appeals you require to obtain the benefits you’re entitled to.
The majority of VA disability lawyers don’t charge for consultations. Additionally the lawyer will typically be paid by the government directly from your retroactive past due benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will be paid should be clearly stated in your fee agreement. For instance, a fee agreement can state that the government will pay the lawyer up to 20% of the retroactive benefits or provide. You are responsible for any additional sums.
Can I Garnish My VA Benefits?
The VA pays monthly compensation to disabled veterans. The funds are meant to compensate for the effects of injuries, diseases or disabilities sustained or worsened during the veteran’s time of service. The benefits for veterans with disabilities are subject to garnishment, just like other incomes.
Garnishment lets a court order that an employer or government agency deduct funds from the paycheck of a person who owes a debt and send it directly to the creditor. In the event of a divorce garnishment may be used to pay child or spousal support.
There are situations where a veteran’s benefits can be garnished. Most common is the veteran who waived his military retirement in order to receive disability compensation. In these scenarios the pension portion that is allocated to disability pay can also be garnished to meet family support obligations.
In other situations the benefits of a veteran can be garnished to pay for medical expenses or past-due federal student loans. In these instances the court could go directly to the VA for the information they need. It is vital for disabled veterans disability law firms [simply click the up coming internet site] to work with a reputable attorney to ensure that their disability benefits aren’t garnished. This can stop them from having to rely on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements are a great assistance to veterans and their families. However, they come with their own set of complications. If a veteran is divorced and receives an VA settlement and is eligible, they should know what this will do to the benefits they receive.
In this case the most important question is whether disability payments count as assets that can be divided in a divorce. This question has been resolved in two ways. A Colorado court of appeals decision determined that VA disability payments were not property and therefore could not be divided this manner. Another method is an U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran’s VA disability payments to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern with this issue is the handling of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. Certain states take different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then adds the disability benefits to take into account that they are tax free.
It is also important that veterans are aware of how divorce will affect their disability benefits and how their spouses who divorced can garnish their compensation. By being aware of these issues, vets can protect their compensation as well as avoid unintended consequences.
