How a mayville veterans disability Law firm 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 Affairs.
He wants to know how an award from a jury will impact his VA benefits. It won’t. However, it will affect the other sources of income he earns.
Do I have the right to receive compensation for an Accident?
You could be eligible for a settlement if you have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement could help you get compensation for medical bills, lost wages, and other expenses resulting from your injury or illness. The kind of settlement you’ll be able to receive will depend on whether your condition is service-connected or non-service connected, the VA benefits you qualify for, and how much your accident or injury will cost to treat.
For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He isn’t in a position to have enough work space to qualify for Social Security Disability benefits, however, he can claim the VA Pension, which provides cash and medical care for free depending on the financial needs of his. He would like to learn how a personal injuries settlement will affect his eligibility to benefit from this benefit.
The answer is contingent upon whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements consist of installments over time rather than a single payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum payment can affect any existing VA benefits since the VA will annually evaluate and consider it as income. If Jim has extra assets after the settlement has been annualized, he can reapply to be eligible for the pension benefit. However the assets must be below a minimum threshold that the VA has set to establish financial necessity.
Do I have to hire an attorney?
Many spouses, service members and former spouses are confused about VA disability compensation and its impact on money issues in a divorce case. Some people believe, for instance, that the Department of Veterans Affairs compensation payments can be divided like an army retirement in divorce proceedings or that they’re “off limits” when it comes to calculating child support and Alimony. These misconceptions may lead to grave financial errors.
While it is possible to file an initial claim for disability benefits on your own, most disabled veterans can benefit from the help of a qualified attorney. A veteran’s disability attorney can review your medical records to collect the evidence necessary to make a strong case to the VA. The lawyer can also help to file any appeals you may require to secure the benefits you are entitled to.
In addition, the majority of VA disability lawyers do not charge fees for consultations. In addition the lawyer will typically 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 amount of retroactive past due benefits that your lawyer will receive should be clearly stated in your fee agreement. For example an agreement on fees could state that the government will pay the lawyer up to 20% of retroactive benefits or award. You will be accountable for any additional costs.
Can I Garnish My VA Benefits?
The VA pays monthly compensation to disabled carol stream veterans disability lawyer. The funds are intended to help offset the effects of disabilities, diseases or injuries that are sustained or aggravated due to a veteran’s military service. The benefits for veterans’ disability are subject to garnishment like any other income.
Garnishment can be a legal proceeding which allows a court order an employer or government agency to deduct funds from the paycheck of a person who is in debt and to send them directly to the creditor. In the case of a divorce, garnishment may be used to pay spousal support or child support.
However, there are certain situations where disability benefits can be repaid. The most common situation involves those who have renounced their military retirement to receive disability compensation. In these situations, the portion of the pension that is attributed to disability benefits may be garnished for family support obligations.
In other situations, a veteran’s benefits can be garnished to pay for medical expenses or past-due federal student loans. In these cases, a 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 can help them avoid having to rely on payday and private loan lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements are a great help to veterans and their families. However they have their own set of complications. For example the case where a veteran is divorced and receives a VA disability settlement, they should know how this could affect their benefits.
One of the major issues in this regard is whether disability payments are considered to be divisible assets in divorce. The question has been answered in two ways. One way is by an 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 a veteran’s VA disability benefits to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another issue related to this subject is how disability benefits are interpreted for purposes of child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. Certain states employ different methods. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds the disability payments to take account that they are tax-free.
Finally, it is important for veterans to know how their disability compensation will be affected if they get divorced and how their spouses’ ex-spouses could garnish their compensation. By being aware of these questions, veterans can guard their compensation and avoid unintended consequences.