How a lawrence veterans disability law Firm Disability Settlement Can Affect a Divorce Case
Jim’s 58-year-old client is permanently disabled as a result of his service in the military. He receives a monthly pension from the Department of Veterans Affairs.
He wants to know if a jury verdict will impact his VA benefits. It will not. It will, however, affect his other income sources.
Do I have the right to receive compensation in the event of an accident?
You may be eligible for a settlement in the event that you served in the military but are now permanently disabled because of injuries or illnesses. This settlement can assist in compensating you for medical bills, lost income, and other expenses that resulted from your illness or injury. The type of settlement you’ll receive depends on whether your condition is service-connected or non-service connected, the VA benefits you are eligible for, as well as the amount your accident or injury will cost to treat.
For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He hasn’t got enough work space to be eligible for Social Security disability benefits but the VA Pension benefit that offers medical care and cash that is based on financial need. He wants to be aware of whether a personal injury settlement could affect his ability to receive this benefit.
The answer will depend on whether the settlement is a lump-sum or a structured one. Structured settlements are the ones that are paid over a time frame rather than as a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum payout is likely to affect any existing benefits because the VA considers it a tax-deductible income and will annually increase it. If Jim has excess assets after the settlement is annualized the applicant can apply again to receive the Pension benefit. However, his assets must be below a minimum threshold that the VA has set to establish financial necessity.
Do I require an Attorney?
Many spouses, military personnel and former spouses have questions about VA disability benefits and their effect on financial issues during a divorce. Some people believe, among other things, that the Department of lucas veterans disability lawyer Affairs compensation payments can be split like a military retirement in divorce cases, or that they’re “off limits” in calculating child support and alimony. These misconceptions could lead serious financial mistakes.
While it is possible to do an initial claim for disability benefits on your own, most disabled veterans can benefit from the help of a qualified attorney. A qualified veteran’s disability lawyer can review your medical documents and gather the necessary evidence needed to build a strong case at the VA. The lawyer can also help to file any appeals you may require to obtain the benefits you are entitled to.
Additionally, the majority of VA disability lawyers do not charge fees for consultations. The government also pays the lawyer directly from your award of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly specify the percentage of retroactive benefits to be paid to your lawyer. A fee agreement could state for instance that the government will provide the attorney with 20% of retroactive benefits. You will be accountable for any additional amount.
Can I Garnish My VA Benefits?
When a disabled veteran receives compensation from the VA it is in the form of monthly payments. The payments are intended to help offset the impact of injuries, illnesses or disabilities that were suffered or aggravated by a veteran’s service. The nevada veterans disability lawyer disability benefits are subject to garnishment, like any other income.
Garnishment is a legal procedure that permits a court to make an order to an employer or government agency to withhold funds from the paycheck of a person who is in debt and to send them directly to an individual creditor. In the event of divorce, garnishment may be used to pay spousal or child support or child support.
However, there are some situations where disability benefits may be refunded. The most common situation involves a veteran who waived their military retirement in order to receive disability compensation. In these situations the portion of the pension apportioned to disability pay may be garnished for family support obligations.
In other cases, a veteran’s benefits may also be seized to cover medical expenses or federal student loans that are over due. In these instances, a court can go directly to the VA for the information they require. It is crucial for a disabled veteran to retain a knowledgeable lawyer to ensure that their disability benefits are not being snatched away. This will help them avoid being forced to rely on private loans and payday lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements are a great aid to veterans and their families. However they have their own set of complications. If a person divorces and receives an VA settlement and is eligible, they should be aware of the impact this could have to the benefits they receive.
In this context, the main question is whether or not disability payments are considered assets that can be divided in a divorce. This issue has been settled in a variety of ways. A Colorado court of appeals ruling declared that VA disability payments were not property and could not be divided this manner. The other way is by an U.S. Supreme Court ruling in Howell that held 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 issue related to this issue 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 to be used for this purpose. Certain states employ different methods. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then adds up the disability payments to take account that they are tax free.
Finally, it is important for veterans to be aware of how their disability benefits will be affected if they are divorced and how their spouses’ ex-spouses could affect their compensation. By being knowledgeable about these issues, veterans can ensure the security of their benefits and avoid unintended consequences.
