20 Myths About Veterans Disability Litigation: Dispelled

How a Veterans 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 veterans disability lawyers Affairs.

He wants to know how an award from a jury will impact his VA benefits. It will not. However, it could have an impact on his other sources of income.

Do I have the right to receive compensation for an accident?

If you've served in the military and are permanently disabled because of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can allow you to get compensation for medical bills, Veterans disability law firms lost wages and other expenses that result from your illness or injury. The type of settlement you can receive will depend on whether or not your injury or illness is related to service, what VA benefits you qualify for, as well as the cost to treat your injury or accident.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. Jim does not have enough space for work to be eligible for Social Security Disability benefits, but he has a VA Pension that provides cash and medical care for free according to his 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 depends on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are payments made over a time period rather than a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. However, a lump sum payout will likely alter any existing benefits as the VA considers it a tax-deductible income and will annually increase it. If Jim has excess assets after the settlement is annualized then he is eligible to receive the Pension benefit. However his assets must be below a minimum threshold that the VA has determined to be a financial necessity.

Do I need to employ an attorney?

Many spouses, members of the military and former spouses have concerns about VA disability benefits and their impact on money issues during a divorce. Some people think, for instance, that the Department of Veterans disability law firms Affairs compensation payments are split like an army retirement in divorce proceedings or that they're "off limits" in calculating child support and Alimony. These misconceptions can lead to serious financial mistakes.

While it is possible to do an initial claim for disability benefits by yourself, the majority of disabled veterans get the assistance of an experienced attorney. A veteran's disability attorney can look over your medical records and gather the evidence required to present a convincing case before the VA. The lawyer can also help to make any appeals you require to secure the benefits you are entitled to.

Most VA disability lawyers do not charge for consultations. Additionally the lawyer will typically be paid by the government directly out of your retroactive past due benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly state the amount of retroactive benefits that will be paid to your lawyer. A fee agreement may stipulate for instance that the government will pay the attorney 20% of retroactive benefits. Any additional amounts will be your the responsibility of the attorney.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA it is received in the form of monthly payments. These payments are designed to alleviate the effects of diseases, injuries or disabilities that were suffered or worsened during the veteran's service. Like all income, the benefits for veterans with disabilities are subject to garnishment.

Garnishment is a court-ordered procedure that an employer or government agency stop funds from the paycheck of an individual who owes an amount and then pay it directly to a creditor. In the event of divorce, garnishment can be used to pay spousal maintenance or child support.

There are situations where a veteran's benefits can be encashable. The most frequent is the veteran who has waived his military retirement in order to receive disability compensation. In these instances, the portion of pension that is devoted to disability pay can also be garnished in order to pay for family support obligations.

In other situations, veteran's benefits may also be seized in order to pay medical bills or federal student loans that are over due. In these situations a judge can refer a case directly to the VA for the information they require. It is vital for a disabled veteran to find a competent lawyer to ensure that their disability benefits aren't being snatched away. This will prevent them from being forced to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous aid to veterans and their families. However they also come with certain complications. For instance when a veteran is divorced and receives an VA disability settlement, they should be aware of what effect this will have on the benefits they receive.

One of the major issues in this regard is whether or not disability benefits are considered divisible assets in divorce. The question has been answered in two ways. One way is by an Colorado court of appeals decision that found 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 that ruled that garnishing a 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 related to this issue is the handling of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. Certain states take different methods. Colorado for instance, adds all income sources together to determine the amount required to support a spouse. It then adds disability benefits in order to take into account their tax-free status.

It is also important that veterans are aware of how divorce can affect their disability benefits and how their spouses who divorced can garnish their compensation. By being informed about these issues, veterans can ensure their compensation and veterans disability law firms avoid any unintended consequences.