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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 due to his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.
He wants to know if a jury verdict will impact his VA benefits. It won't. It will, however, affect 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 due to injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will help pay you for medical expenses, lost income and other expenses resulting from your illness or injury. The type of settlement you could receive will depend on whether your injury or illness is service-connected, what 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 from two years of service during the Vietnam War. He does not have enough space for work to qualify for Social Security Disability benefits, however, he is able to claim a VA Pension that provides free medical care and cash depending on the financial needs of his. He would like to find out if a personal injury settlement could affect his ability to be eligible for this benefit.
The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements consist of installments over time rather than one payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum payment will impact any existing VA benefits as the VA will annually calculate and consider it to be income. In either case, if excess assets are left over after the twelve-month period after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit, but only if his assets are lower than a threshold with which the VA determines to be a financial need.
Do I need to employ an attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on financial issues in a divorce case. Some people think, for instance, that Department of Veterans Affairs compensation payments are split like a military retirement in divorce cases or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can lead to financial errors which can have serious consequences.
While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans get the assistance of a skilled lawyer. A veteran's disability attorney will examine your medical records in order to gather the evidence required to present a convincing case before the VA. The lawyer can also help to make any appeals you require to obtain the benefits you deserve.
Additionally, the majority of VA disability lawyers do not charge fees for consultations. The government also pays the lawyer directly from the payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly define the amount of retroactive benefits to be paid to your lawyer. A fee agreement could stipulate that, for example, the government will pay the attorney 20 percent of retroactive benefits. You will be responsible for any additional amounts.
Can I Garnish My VA Benefits?
The VA offers monthly payments to disabled veterans. The purpose of the payments is to compensate for the effects of diseases, injuries or disabilities sustained or aggravated during the course of a veteran's service. Like all incomes, veterans disability lawyers disability - find more information, benefits can be subject to garnishment.
Garnishment is a legal procedure which allows a court require an employer or government agency to withhold funds from the paycheck of a person who owes money and transfer them directly to an individual creditor. In the event of divorce, garnishment can be used to pay child or spousal maintenance.
However, there are certain circumstances where a veteran's disability benefits are able to be refunded. Most common is the veteran who renounced his retirement from the military in order to receive disability compensation. In these situations the pension portion that is allocated to disability benefits can be garnished to fulfill the family support obligations.
In other circumstances veterans' benefits could be withdrawn to cover medical expenses or past-due federal student loans. In these instances the court can go directly to the VA to obtain the information they need. A disabled veteran should hire an experienced lawyer to protect their disability benefits. This will allow them to avoid having to rely on payday loans and private loans. lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be an enormous aid to veterans disability lawyers and their families, however they do come with their own set of complications. If a veteran is divorced and receives a VA settlement, he or she should be aware of what this might do to the benefits they receive.
In this regard the most important question is whether disability payments count as assets that could be divided during a divorce. This question has been addressed in two ways. A Colorado court of appeals decision determined that VA disability payments were not property and therefore could not be divided in this manner. The other way is by the U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability payments to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern related to this issue is the treatment of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. Certain states take an alternative approach. Colorado for instance, adds all sources of income together to determine the amount needed to support a spouse and then adds disability income in order to take into account their tax-free status.
It is also crucial that veterans understand the impact divorce has on their disability compensation and how their spouses who divorced could take advantage of their compensation. By being informed about these issues, vets can protect their income and avoid the unintended consequences.
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 if a jury verdict will impact his VA benefits. It won't. It will, however, affect 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 due to injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will help pay you for medical expenses, lost income and other expenses resulting from your illness or injury. The type of settlement you could receive will depend on whether your injury or illness is service-connected, what 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 from two years of service during the Vietnam War. He does not have enough space for work to qualify for Social Security Disability benefits, however, he is able to claim a VA Pension that provides free medical care and cash depending on the financial needs of his. He would like to find out if a personal injury settlement could affect his ability to be eligible for this benefit.
The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements consist of installments over time rather than one payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum payment will impact any existing VA benefits as the VA will annually calculate and consider it to be income. In either case, if excess assets are left over after the twelve-month period after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit, but only if his assets are lower than a threshold with which the VA determines to be a financial need.
Do I need to employ an attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on financial issues in a divorce case. Some people think, for instance, that Department of Veterans Affairs compensation payments are split like a military retirement in divorce cases or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can lead to financial errors which can have serious consequences.
While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans get the assistance of a skilled lawyer. A veteran's disability attorney will examine your medical records in order to gather the evidence required to present a convincing case before the VA. The lawyer can also help to make any appeals you require to obtain the benefits you deserve.
Additionally, the majority of VA disability lawyers do not charge fees for consultations. The government also pays the lawyer directly from the payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly define the amount of retroactive benefits to be paid to your lawyer. A fee agreement could stipulate that, for example, the government will pay the attorney 20 percent of retroactive benefits. You will be responsible for any additional amounts.
Can I Garnish My VA Benefits?
The VA offers monthly payments to disabled veterans. The purpose of the payments is to compensate for the effects of diseases, injuries or disabilities sustained or aggravated during the course of a veteran's service. Like all incomes, veterans disability lawyers disability - find more information, benefits can be subject to garnishment.
Garnishment is a legal procedure which allows a court require an employer or government agency to withhold funds from the paycheck of a person who owes money and transfer them directly to an individual creditor. In the event of divorce, garnishment can be used to pay child or spousal maintenance.
However, there are certain circumstances where a veteran's disability benefits are able to be refunded. Most common is the veteran who renounced his retirement from the military in order to receive disability compensation. In these situations the pension portion that is allocated to disability benefits can be garnished to fulfill the family support obligations.
In other circumstances veterans' benefits could be withdrawn to cover medical expenses or past-due federal student loans. In these instances the court can go directly to the VA to obtain the information they need. A disabled veteran should hire an experienced lawyer to protect their disability benefits. This will allow them to avoid having to rely on payday loans and private loans. lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be an enormous aid to veterans disability lawyers and their families, however they do come with their own set of complications. If a veteran is divorced and receives a VA settlement, he or she should be aware of what this might do to the benefits they receive.
In this regard the most important question is whether disability payments count as assets that could be divided during a divorce. This question has been addressed in two ways. A Colorado court of appeals decision determined that VA disability payments were not property and therefore could not be divided in this manner. The other way is by the U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability payments to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern related to this issue is the treatment of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. Certain states take an alternative approach. Colorado for instance, adds all sources of income together to determine the amount needed to support a spouse and then adds disability income in order to take into account their tax-free status.
It is also crucial that veterans understand the impact divorce has on their disability compensation and how their spouses who divorced could take advantage of their compensation. By being informed about these issues, vets can protect their income and avoid the unintended consequences.
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