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How a franklin veterans disability law firm Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled due to his time in the military. He receives a monthly pension from the Department of Veterans Affairs.

He would like to find out if a verdict from a jury will affect his VA benefits. The answer is not. It will, however, affect the other sources of income he earns.

Can I receive compensation in the event of an accident?

If you've served in the military and are now permanently disabled because of injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement will pay you for medical expenses, lost income and other expenses that resulted from your illness or injury. The kind of settlement you can receive will depend on whether your injury or illness is a result of a service connection, the VA benefits you qualify for, and the amount you will need to treat your accident or injury.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He does not have enough work space to qualify for Social Security Disability benefits, however, he can claim the VA Pension, which provides free medical treatment and cash depending on the financial needs of his. He wants to find out if a personal injury settlement would affect his ability receive 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 based on installments over time, rather than a single payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum settlement will impact any existing VA benefits since the VA will annually evaluate and consider it as income. If Jim has excess assets after the settlement is annualized then he is eligible to be eligible for the pension benefit. However the assets he has to be below a minimum threshold that the VA has set that establishes financial necessity.

Do I require an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of a divorce case. In addition, some people think that the Department of Veterans Affairs' compensation payments can be divided like a pension from a military service 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 mistakes which can have serious consequences.

While it is possible to make an initial claim for disability benefits on your own, many disabled veterans benefit from the assistance of an experienced lawyer. A veteran's disability attorney will examine your medical records to gather the evidence needed to prove your case before the VA. The lawyer will also be able to file any appeals that you need to get the benefits you're entitled to.

Additionally, the majority of VA disability lawyers do not charge fees for consultations. Additionally the lawyer will usually be paid by the government directly out of your award of 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 clearly outlined in your fee agreement. For example your fee agreement may state that the government will pay the attorney up to 20% of the retroactive benefits or give. You are responsible for any additional amount.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA it is in the form of monthly payments. The funds are meant to offset the effects of diseases, injuries or disabilities that have been sustained or aggravated during a veteran's time of service. Like other income sources, urbandale veterans disability lawyer disability benefits are subject to garnishment.

Garnishment lets a court order that an employer or government agency withhold money from the pay of a person who has an obligation and pay it directly to the creditor. In the case of divorce, garnishment may be used to pay spousal maintenance or child support.

There are certain situations where the benefits of a veteran can be encashable. The most common scenario involves the veteran who has waived their military retirement in order to claim disability compensation. In these instances, the amount of pension that is attributed to disability benefits can be garnished for Gladstone Veterans Disability Attorney family support obligations.

In other cases it is possible for a veteran's benefits to be withdrawn to cover medical expenses or urbandale veterans disability Lawsuit past due federal student loans. In these cases, a court may be able to go straight to the VA to obtain the necessary information. A disabled veteran should hire an experienced attorney to secure their disability benefits. This will prevent them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to veterans as well as their families. However, they come with specific complications. If a veteran gets divorced and receives an VA settlement then they must be aware of the impact this could have to their benefits.

In this case one of the major issues is whether or not disability payments are considered assets that can be split during a divorce. This issue has been settled in a couple of ways. One method is a Colorado court of appeals decision which concluded that VA disability payments are not property and therefore cannot be divided in that way. The other way is by an U.S. Supreme Court ruling in Howell which held that garnishing the veteran's VA disability payments to pay Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this issue is the treatment of disability benefits for child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. However, some states have adopted a different approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then adds up the disability payments to take into account that they are tax free.

It is also vital that veterans know how divorce can affect their disability benefits and how their ex spouses could slash their benefits. By being informed about these issues, veterans can protect their compensation as well as avoid the unintended consequences.