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How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's 58 year old client is permanently disabled due to his time in the military. He receives a monthly pension benefit from the Department of veterans disability lawyer Affairs.
He wants to know if the verdict of a jury will affect his VA benefits. It will not. However, it will affect his other sources of income.
Can I Receive Compensation for an Accident?
If you've been in the military and are permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement will pay you for medical bills, lost income, and other costs that resulted from your injury or sickness. The type of settlement you can get will depend on whether the condition is service-connected or non-service connected, which VA benefits you qualify for, and how much your accident or injury will cost to treat.
For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. Jim does not have enough work space to qualify for Social Security Disability benefits, but he has a VA Pension that provides cash and medical care for free depending on the financial needs of his. He would like to find out if a personal injury settlement would affect his ability be eligible for this benefit.
The answer will depend on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements consist of the payment of over time, rather than one payment. The amount that defendant pays is calculated to offset the existing VA benefits. In contrast, a lump sum settlement will probably impact any benefits already in place because the VA considers it a tax-deductible income and will annually increase it. In the event that there are any excess assets are left after the 12 month period after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit but only if his assets fall below a threshold that the VA accepts as establishing financial need.
Do I require an Attorney?
Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on money issues in a divorce case. Some people believe, for instance, that Department of Veterans Affairs compensation payments are split like the military retirement in divorce cases or that they're "off limits" in calculating child support and alimony. These misconceptions may lead to grave financial errors.
It is possible to file a claim for disability benefits on your own however, the majority of disabled veterans would benefit from the assistance from a competent lawyer. A veteran's disability attorney will examine your medical records in order to gather the evidence needed to make a strong case to the VA. The lawyer can also help to make any appeals you need to get the benefits you are entitled to.
The majority of VA disability lawyers do not charge for consultations. In addition, the lawyer will generally be paid by the government directly from 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 be paid must be specified in your fee agreement. For example, a fee agreement can specify that the government will pay the lawyer up to 20% of the retroactive benefits or provide. Any additional amounts are your the responsibility of the attorney.
Can I Garnish My VA Benefits?
If a disabled veteran receives compensation from the VA it is received in the form of monthly payments. The payments are intended to offset the effects of injuries, diseases or disabilities that have been sustained or aggravated during the course of a veteran's time of service. As with all income, veterans disability benefits can be subject to garnishment.
Garnishment permits a court order that an employer or government agency stop money from the pay of a person who has the debt and pay it directly to a creditor. In the case of divorce, garnishment may be used to pay spousal maintenance or child support.
There are a few situations in which a veteran's disability benefits could be repaid. Most often, it is the case of a veteran who renounced his military retirement in order to receive disability compensation. In these situations, the amount of pension apportioned to disability pay may be garnished for family support obligations.
In other instances it is possible for a veteran's benefits to be seized to pay medical expenses or past-due federal student loans. In these cases the court may be able to directly to the VA to get the required information. The disabled veteran should consult an experienced attorney to safeguard 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 can be a big help for veterans and their families, but they don't come without their own set-of complications. If a veteran is divorced and receives an VA settlement it is important to be aware of the implications to their benefits.
In this context one of the major issues is whether or not disability payments are considered to be assets which can be divided in divorce. This question has been addressed in two ways. A Colorado court of appeals decision found that VA disability payments were not property and therefore could not be divided in this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability benefits for Alimony was against the USFSPA.
Another issue related to this issue is how disability benefits are treated 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. However, some states have taken an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then adds disability benefits to take into account that they are tax free.
It is also important that veterans know how divorce can affect their disability compensation and how ex-spouses could take advantage of their compensation. By being aware of these issues, veterans can protect their income as well as avoid any unintended consequences.
Jim's 58 year old client is permanently disabled due to his time in the military. He receives a monthly pension benefit from the Department of veterans disability lawyer Affairs.
He wants to know if the verdict of a jury will affect his VA benefits. It will not. However, it will affect his other sources of income.
Can I Receive Compensation for an Accident?
If you've been in the military and are permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement will pay you for medical bills, lost income, and other costs that resulted from your injury or sickness. The type of settlement you can get will depend on whether the condition is service-connected or non-service connected, which VA benefits you qualify for, and how much your accident or injury will cost to treat.
For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. Jim does not have enough work space to qualify for Social Security Disability benefits, but he has a VA Pension that provides cash and medical care for free depending on the financial needs of his. He would like to find out if a personal injury settlement would affect his ability be eligible for this benefit.
The answer will depend on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements consist of the payment of over time, rather than one payment. The amount that defendant pays is calculated to offset the existing VA benefits. In contrast, a lump sum settlement will probably impact any benefits already in place because the VA considers it a tax-deductible income and will annually increase it. In the event that there are any excess assets are left after the 12 month period after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit but only if his assets fall below a threshold that the VA accepts as establishing financial need.
Do I require an Attorney?
Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on money issues in a divorce case. Some people believe, for instance, that Department of Veterans Affairs compensation payments are split like the military retirement in divorce cases or that they're "off limits" in calculating child support and alimony. These misconceptions may lead to grave financial errors.
It is possible to file a claim for disability benefits on your own however, the majority of disabled veterans would benefit from the assistance from a competent lawyer. A veteran's disability attorney will examine your medical records in order to gather the evidence needed to make a strong case to the VA. The lawyer can also help to make any appeals you need to get the benefits you are entitled to.
The majority of VA disability lawyers do not charge for consultations. In addition, the lawyer will generally be paid by the government directly from 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 be paid must be specified in your fee agreement. For example, a fee agreement can specify that the government will pay the lawyer up to 20% of the retroactive benefits or provide. Any additional amounts are your the responsibility of the attorney.
Can I Garnish My VA Benefits?
If a disabled veteran receives compensation from the VA it is received in the form of monthly payments. The payments are intended to offset the effects of injuries, diseases or disabilities that have been sustained or aggravated during the course of a veteran's time of service. As with all income, veterans disability benefits can be subject to garnishment.
Garnishment permits a court order that an employer or government agency stop money from the pay of a person who has the debt and pay it directly to a creditor. In the case of divorce, garnishment may be used to pay spousal maintenance or child support.
There are a few situations in which a veteran's disability benefits could be repaid. Most often, it is the case of a veteran who renounced his military retirement in order to receive disability compensation. In these situations, the amount of pension apportioned to disability pay may be garnished for family support obligations.
In other instances it is possible for a veteran's benefits to be seized to pay medical expenses or past-due federal student loans. In these cases the court may be able to directly to the VA to get the required information. The disabled veteran should consult an experienced attorney to safeguard 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 can be a big help for veterans and their families, but they don't come without their own set-of complications. If a veteran is divorced and receives an VA settlement it is important to be aware of the implications to their benefits.
In this context one of the major issues is whether or not disability payments are considered to be assets which can be divided in divorce. This question has been addressed in two ways. A Colorado court of appeals decision found that VA disability payments were not property and therefore could not be divided in this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability benefits for Alimony was against the USFSPA.
Another issue related to this issue is how disability benefits are treated 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. However, some states have taken an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then adds disability benefits to take into account that they are tax free.
It is also important that veterans know how divorce can affect their disability compensation and how ex-spouses could take advantage of their compensation. By being aware of these issues, veterans can protect their income as well as avoid any unintended consequences.
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