How a veterans disability lawyer 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 disability attorney Affairs.

He would like to know how the jury's verdict will impact his VA benefits. It will not. However, it will have an impact on the other sources of income he earns.

Can I Get Compensation for Veterans Disability Settlement an Accident?

If you have served in the military and are permanently disabled because of injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement can help compensate you for medical bills, lost income and other expenses that resulted from your injury or sickness. The kind of settlement you'll be able to get depends on whether or not your condition is service-connected or non-service connected, the VA benefits you are eligible for, and the amount your injury or accident will cost to treat.

Jim who is a 58-year veteran of Vietnam was diagnosed with permanent disabilities as a result of his two years of service. Jim does not have enough work space to qualify for Social Security Disability benefits, however, he can claim a VA Pension that provides free medical treatment and cash depending on the financial needs of his. He would like to be aware of what the implications of a personal injury 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 as the VA will annually assess and count it as income. If Jim has assets that are not used up after the settlement is annually adjusted and he wants to reapply, he will be eligible for the pension benefit. However, his assets must be under a limit that the VA has agreed establishes financial necessity.

Do I need to employ an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its effect on financial issues in divorce cases. Some people believe, for instance, that the Department of veterans disability law Affairs compensation payments can be divided like military retirements in a divorce case or that they're "off limits" in calculating child support and Alimony. These misconceptions can result in financial mistakes that have serious consequences.

It is possible to file an application for disability benefits yourself, but most disabled veterans disability case would require the help of a professional lawyer. A disability attorney for veterans can look over your medical records and gather the evidence required to prove your case to the VA. The lawyer can also help to file any appeals that you require to receive the benefits you're entitled to.

The majority of VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from the award of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. Your fee agreement should specify clearly the percentage of retroactive benefits to be paid to your lawyer. For instance, a fee agreement can stipulate that the government will pay the attorney up to 20% of the retroactive benefits or award. Any additional amounts will be your to pay.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. The payments are intended to help offset the impact of injuries, illnesses or disabilities that have been sustained or aggravated during the course of a veteran's service. The veterans disability benefits are subject to garnishment just like any other income.

Garnishment is a legal process that allows a court to require an employer or government agency to deduct funds from the pay of someone who owes money, and then send them directly to an individual creditor. In the event of divorce, garnishment could be used to pay spousal or child support or child support.

There are a few circumstances where a veteran's disability benefits are able to be repaid. The most common situation involves the veteran who has waived their military retirement to get disability compensation. In these instances the part of pension that is devoted to disability payments can be garnished in order to meet family support obligations.

In other cases veterans disability lawyers' benefits could be withdrawn to cover medical expenses or past due federal student loans. In these cases the court can go directly to the VA for the information they need. It is essential for a disabled veteran to find a competent attorney to ensure that their disability benefits aren't taken 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 help to veterans as well as their families. However they do come with specific complications. For instance the case where a veteran is divorced and receives a VA disability settlement, they must be aware of how this will affect their benefits.

A major issue 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 found that VA disability payments were not property and could not be divided this manner. The other way is by a U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability benefits to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to 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. Certain states use an alternative approach. Colorado, for example, takes all income sources together to determine the amount required to support a spouse. The state then adds disability benefits to reflect their tax-free status.

It is also important for veterans to be aware of how their disability benefits will be affected if they are divorced and how their ex-spouses can take advantage of their benefits. By being informed about these issues, veterans can ensure their compensation and avoid the unintended consequences.