How a moore veterans disability attorney Disability 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 receives a monthly pension benefit from the Department of clarks summit Veterans disability Law firm Affairs.
He wants to know if an award from a jury will impact his VA benefits. The answer is not. However, it will have an impact on his other sources of income.
Can I claim 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 veteran disability settlement. This settlement can allow you to get compensation for medical bills, lost wages, and other expenses resulting from your injury or illness. The kind of settlement you can receive will depend on whether your injury or illness is service-connected, what VA benefits you are eligible for, as well as the cost to treat your injury or accident.
Jim who is a 58-year veteran of Vietnam, was diagnosed as having permanent disabilities as a result of his two years of service. He doesn’t have enough work quarters to qualify for Social Security disability benefits but there is a VA Pension benefit which provides cash and medical treatment for free based on financial need. He would like to find out if a personal injury 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 payments made over a time frame rather than as a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payout is likely to impact any benefits already in place because the VA considers it as income and will increase it. If Jim has extra assets after the settlement is annualized the applicant can apply again to be eligible for the pension benefit. However his assets must be less than a certain threshold that the VA has determined to be a financial necessity.
Do I have 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 a divorce case. In addition, some people think that the Department of Veterans Affairs’ compensation payments can be split like a military pension divorce or are “off limits” in the calculation of child support and alimony. These misconceptions can result in financial mistakes that can have grave consequences.
While it is possible to make an initial claim for disability benefits on your own, most disabled veterans get the assistance of a professional lawyer. A veteran’s disability lawyer can examine your medical records in order to gather the necessary evidence to make a strong case to the VA. The lawyer can also help to submit any appeals you require to obtain the benefits you’re entitled to.
Most VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from the payment of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The amount of retroactive past-due benefits that your lawyer will receive should be outlined in your fee agreement. For example an agreement on fees could specify that the government will pay the attorney up to 20% of the retroactive benefits or give. You will be responsible for any additional amounts.
Can I Garnish My VA Benefits?
When disabled veterans receive compensation from the VA it is in the form of monthly payments. The payments are intended to compensate for the effects of injuries, diseases or disabilities that were sustained or aggravated by a veteran’s time of service. Like all income, the camden veterans disability attorney disability benefits could be subject to garnishment.
Garnishment allows a court order that an employer or a government agency withhold money from the pay of a person who owes an amount and then pay it directly to a creditor. In the event of divorce, garnishment can be used for child or spousal support.
However, there are a few situations in which a veteran’s disability benefits are able to be repaid. Most common is the veteran who has renounced his military retirement in order to receive disability compensation. In these scenarios the pension portion that is allocated to disability pay can also be garnished to meet family support obligations.
In other instances it is possible for a veteran’s benefits to be withdrawn to cover medical expenses or past-due federal student loans. In these cases the court may be able to the VA to get the required information. A disabled veteran should employ an experienced attorney to secure their disability benefits. This will prevent them from relying on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements are an excellent aid to veterans and their families. However, they come with certain complications. If a veteran divorces and receives a VA settlement then they must know what this will do to their benefits.
A major issue in this regard is whether or not the disability benefits are considered divisible assets in divorce. This issue has been addressed in a variety of ways. A Colorado court of appeals ruling decided that VA disability payments were not property and therefore could not be divided this manner. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability payments for an alimony payment was a violation of USFSPA.
Another issue that is related to this subject 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 a different approach. Colorado, for example, adds all income sources together to determine the amount needed to provide for a spouse. Colorado then adds disability payments to account for their tax-free status.
It is also important that veterans understand how their disability benefits will be affected if they are divorced and how their ex-spouses can garnish their compensation. By knowing about these questions, veterans can guard their income and avoid unintended consequences.