How a
Veterans Disability (
Kizkiuz.Com) Settlement Can Affect a Divorce Case
Jim's client, a 58-year-old man, is permanently disabled as a result of his military service. He is able to receive a monthly pension from the Department of Veterans Affairs.
He wants to know if a verdict of a juror will affect his VA benefits. It will not. However, it will have an impact on his other sources of income.
Can I claim compensation in the event of an accident?
You could be eligible for a settlement in the event that you served in the military but are now permanently disabled as a result of injuries or illnesses. This settlement can help compensate you for medical bills, lost income, and other expenses resulting from your illness or injury. The kind of settlement you can get depends on whether or not your health condition is non-service connected, the VA benefits you qualify for, and how much your injury or accident will cost to treat.
Jim is a 58 year old Vietnam veteran was diagnosed with permanent disabilities as a result of his two years of service. He isn't in a position to have enough space for work to be eligible for Social Security Disability benefits, however, he can claim a VA Pension that provides cash and medical care for free based on his financial need. He would like to be aware of whether a personal injury settlement could affect his ability to get this benefit.
The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements require payments over time instead of one single payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum payment will likely impact any benefits already in place because the VA considers it as income and will increase it. In either case, if excess assets are left after the 12 month period when the settlement is annualized, Jim could be eligible for a new Pension benefit but only if his assets are lower than a threshold with which the VA agrees establishes financial need.
Do I need to hire an attorney?
Many spouses, military personnel and former spouses are concerned about VA disability benefits and their impact on money issues in divorce. There are many other reasons, but some people believe that the Department of
veterans disability law firms Affairs' compensation payments are able to be divided like a military pension in divorce or are "off limits" in the calculation of child support and alimony. These misconceptions could lead to serious financial mistakes.
While it is possible to submit an initial claim for disability benefits on your own, the majority of disabled veterans can benefit from the assistance of a professional lawyer. A skilled veteran's disability lawyer will review your medical records and gather all the necessary evidence needed to build a strong argument to the VA. The lawyer can also file any appeals you might need to receive the benefits you are entitled to.
Furthermore, 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 an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will receive must be specified in your fee agreement. A fee agreement could say that, for instance, the government will give the attorney up to 20% of retroactive benefits. You will be accountable for any additional amounts.
Can I Garnish My VA Benefits?
If a disabled veteran is granted compensation from the VA it is received in the form of monthly payments. The funds are intended to offset some of the effects of diseases, disabilities, or injuries sustained during or aggravated by a veteran's military service. Like all income, the veterans disability benefits can be subject to garnishment.
Garnishment permits a court order that an employer or government agency deduct funds from the paycheck of an individual who owes the debt and pay it directly to a creditor. In the event of a divorce, garnishment can be used to pay spousal maintenance or child support.
There are a few situations in which a veteran's disability benefits are able to be garnished. The most common scenario is veterans who have waived their military retirement to get disability compensation. In these cases, the amount of pension that is attributed to disability benefits may be garnished for family support obligations.
In other cases, a veteran’s benefits can also be seized in order to pay medical expenses or federal student loans that are over due. In these cases, a court may be able to direct the case to the VA to get the required information. It is essential for a disabled veteran to find a competent attorney to ensure that their disability benefits aren't being snatched away. This can help them avoid having to depend on private loans and payday lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a major aid to veterans and their families, however they do come with their own set of complications. If a veteran divorces and receives a VA settlement, he or she should know what this will do to their benefits.
One of the major issues in this context is whether or not disability payments are considered to be divisible assets in a divorce. This question has been addressed in two ways. A Colorado court of appeals ruling found that VA disability payments were not property and therefore could not be divided this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability benefits for alimony was a violation of USFSPA.
Another concern relating to this issue is the treatment of disability benefits to children for support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from utilizing disability benefits as income. However, certain states have chosen to take different approaches. 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.
In the end, it is crucial for veterans to understand how their disability compensation will be affected when they get divorced and how their spouses' ex-spouses could take advantage of their benefits. By being aware of these issues, vets can safeguard their benefits and avoid the unintended consequences.