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How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's client, a 58 year old man, is permanently disabled because of his military service. He receives a monthly Pension benefit from the Department of veterans disability attorneys Affairs.
He would like to know how a jury award will affect his VA benefits. The answer is not. But it will have some impact on the other sources of income he has.
Can I get compensation in the event of an accident?
If you have served in the military and are permanently disabled due to injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement will help pay you for medical bills, lost income and other expenses that resulted from your injury or sickness. The kind of settlement you can receive depends on whether your medical condition is service-connected, or not connected, which VA benefits you are eligible for, as well as the amount your accident or injury will cost to treat.
For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He doesn't have enough work quarters to qualify for Social Security disability benefits but there is a VA Pension benefit, which offers cash and free medical care that is based on financial need. He would like to understand how a personal injuries settlement will affect his ability to be eligible for this benefit.
The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are settlements that are paid over a time frame rather than a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment will affect any existing VA benefits as the VA will annually evaluate and consider it income. In either case, if excess assets remain after the period of twelve months when the settlement is annualized, Jim may be eligible to apply again for the pension benefit, but only if his assets fall less than a minimum threshold that the VA accepts as establishing financial need.
Do I really need to hire an attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on money issues in divorce cases. Some people believe, among other things that Department of Veterans Affairs compensation payments are split like the military retirement in divorce proceedings or that they're "off limits" in calculating child support and Alimony. These misconceptions could lead to financial mistakes that can have grave consequences.
While it is possible to submit an initial claim for disability benefits by yourself, the majority of disabled veterans get the assistance of a skilled attorney. An experienced veteran's disability lawyer will examine your medical documents and gather the required evidence needed to build a strong case to the VA. The lawyer can also help to make any appeals you require to secure the benefits you're entitled to.
Moreover, most VA disability lawyers don't charge fees for consultations. The government will also pay the lawyer directly from the payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly specify the proportion of retroactive benefits to be paid to your lawyer. For instance, a fee agreement can specify that the government will pay the attorney up to 20% of the retroactive benefits or award. Any additional amounts will be your obligation.
Can I Garnish My VA Benefits?
When disabled veterans receive compensation from the VA it is received in the form of monthly payments. The payments are meant to offset some of the effects of disability, illness or injuries incurred during or aggravated due to a veteran's military service. Like all incomes, veterans disability benefits can be subject to garnishment.
Garnishment is a legal process that allows a court to make an order to an employer or government agency to withhold funds from the pay of someone who owes money, and then send them directly to the creditor. In the event of divorce, the garnishment could be used for child or spousal maintenance.
However, there are certain situations where disability benefits are able to be repaid. The most common scenario involves the veteran who has waived their military retirement to receive disability compensation. In these situations the portion of the pension apportioned to disability pay could be garnished to meet family support obligations.
In other instances, a veteran's benefits may also be garnished to cover medical expenses or federal student loans that are past due. In these situations the court could go directly to the VA for the information they need. It is important for a disabled veteran to work with a reputable attorney to ensure that their disability benefits aren't garnished. This will allow them to avoid having to rely on payday and private loan lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be an enormous aid to veterans and their families, but they're not without their own set of challenges. For instance in the event that a veteran gets divorced and is awarded a VA disability settlement, they need to know what effect this will have on the benefits they receive.
One of the major issues in this context is whether or not disability payments are considered divisible assets in divorce. The question has been answered in two ways. One method is a Colorado court of appeals decision, which found that VA disability payments are not property and can't be divided in that way. The other way is by an U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability payments to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern that is related to this issue is how disability benefits are treated in the context of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. However, certain states have adopted an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then pluses up the disability benefits to take into the fact that they are tax-free.
It is also important for veterans disability lawsuits to know how their disability compensation will be affected if they are divorced and how their spouses who divorced them can take advantage of their benefits. By knowing about these issues, veterans can ensure the security of their benefits and avoid unintended consequences.
Jim's client, a 58 year old man, is permanently disabled because of his military service. He receives a monthly Pension benefit from the Department of veterans disability attorneys Affairs.
He would like to know how a jury award will affect his VA benefits. The answer is not. But it will have some impact on the other sources of income he has.
Can I get compensation in the event of an accident?
If you have served in the military and are permanently disabled due to injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement will help pay you for medical bills, lost income and other expenses that resulted from your injury or sickness. The kind of settlement you can receive depends on whether your medical condition is service-connected, or not connected, which VA benefits you are eligible for, as well as the amount your accident or injury will cost to treat.
For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He doesn't have enough work quarters to qualify for Social Security disability benefits but there is a VA Pension benefit, which offers cash and free medical care that is based on financial need. He would like to understand how a personal injuries settlement will affect his ability to be eligible for this benefit.
The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are settlements that are paid over a time frame rather than a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment will affect any existing VA benefits as the VA will annually evaluate and consider it income. In either case, if excess assets remain after the period of twelve months when the settlement is annualized, Jim may be eligible to apply again for the pension benefit, but only if his assets fall less than a minimum threshold that the VA accepts as establishing financial need.
Do I really need to hire an attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on money issues in divorce cases. Some people believe, among other things that Department of Veterans Affairs compensation payments are split like the military retirement in divorce proceedings or that they're "off limits" in calculating child support and Alimony. These misconceptions could lead to financial mistakes that can have grave consequences.
While it is possible to submit an initial claim for disability benefits by yourself, the majority of disabled veterans get the assistance of a skilled attorney. An experienced veteran's disability lawyer will examine your medical documents and gather the required evidence needed to build a strong case to the VA. The lawyer can also help to make any appeals you require to secure the benefits you're entitled to.
Moreover, most VA disability lawyers don't charge fees for consultations. The government will also pay the lawyer directly from the payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly specify the proportion of retroactive benefits to be paid to your lawyer. For instance, a fee agreement can specify that the government will pay the attorney up to 20% of the retroactive benefits or award. Any additional amounts will be your obligation.
Can I Garnish My VA Benefits?
When disabled veterans receive compensation from the VA it is received in the form of monthly payments. The payments are meant to offset some of the effects of disability, illness or injuries incurred during or aggravated due to a veteran's military service. Like all incomes, veterans disability benefits can be subject to garnishment.
Garnishment is a legal process that allows a court to make an order to an employer or government agency to withhold funds from the pay of someone who owes money, and then send them directly to the creditor. In the event of divorce, the garnishment could be used for child or spousal maintenance.
However, there are certain situations where disability benefits are able to be repaid. The most common scenario involves the veteran who has waived their military retirement to receive disability compensation. In these situations the portion of the pension apportioned to disability pay could be garnished to meet family support obligations.
In other instances, a veteran's benefits may also be garnished to cover medical expenses or federal student loans that are past due. In these situations the court could go directly to the VA for the information they need. It is important for a disabled veteran to work with a reputable attorney to ensure that their disability benefits aren't garnished. This will allow them to avoid having to rely on payday and private loan lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be an enormous aid to veterans and their families, but they're not without their own set of challenges. For instance in the event that a veteran gets divorced and is awarded a VA disability settlement, they need to know what effect this will have on the benefits they receive.
One of the major issues in this context is whether or not disability payments are considered divisible assets in divorce. The question has been answered in two ways. One method is a Colorado court of appeals decision, which found that VA disability payments are not property and can't be divided in that way. The other way is by an U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability payments to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern that is related to this issue is how disability benefits are treated in the context of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. However, certain states have adopted an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then pluses up the disability benefits to take into the fact that they are tax-free.
It is also important for veterans disability lawsuits to know how their disability compensation will be affected if they are divorced and how their spouses who divorced them can take advantage of their benefits. By knowing about these issues, veterans can ensure the security of their benefits and avoid unintended consequences.
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