How a malden veterans disability lawyer Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled as a result of his time in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to find out if a verdict from a jury will affect his VA benefits. The answer is not. But it will have an impact on his other sources of income.

Can I Receive Compensation for an accident?

If you've served in the military and are now permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can assist in compensating you for medical bills, lost income, and other expenses that resulted from your injury or sickness. The kind of settlement you could receive will depend on whether or not your illness or injury is a result of a service connection, the VA benefits you qualify for, as well as the cost to treat your injury or accident.

Jim, a 58-year veteran of Vietnam was diagnosed with permanent disabilities due to his two years of service. He isn't in a position to have enough work space to qualify for Social Security Disability benefits, however, he does have the VA Pension which offers cash and medical care for free according to his financial need. He wants to know how a personal injury settlement will affect his ability to benefit from this benefit.

The answer will depend on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are those that are made over a time frame instead of in one payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum settlement will probably affect existing benefits since the VA considers it a tax-deductible income and will annually increase it. In the event that there are any excess assets are left over after the twelve month period after the settlement is annually recalculated, Jim could reapply for the Pension benefit, but only if his assets fall below a threshold that the VA agrees establishes financial need.

Do I Need to Hire an attorney?

Many spouses, military personnel and former spouses are concerned about VA disability benefits and their effect on financial issues during divorce. There are many other reasons, but some people believe that the Department of Veterans Affairs' compensation payments can be split like a pension from a military service in divorce or are "off limits" when it comes to calculation of child support and Alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

While it is possible to do an initial claim for disability benefits on your own, many disabled veterans benefit from the assistance of a skilled lawyer. A veteran's disability attorney will examine your medical records in order to gather the evidence needed to argue your case before the VA. The lawyer can also file any appeals you may need in order to receive the benefits you deserve.

Moreover, most VA disability lawyers charge no fees for consultations. The government also pays the lawyer directly from the amount of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will be paid must be specified in your fee agreement. For example, a fee agreement can stipulate that the government will pay the lawyer up to 20% of retroactive benefits or provide. You are responsible for any additional costs.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA, it comes in the form of monthly payments. The purpose of the payments is to alleviate some of the consequences of illnesses, disabilities, or injuries sustained during or Malden Veterans Disability Lawyer aggravated by a veteran's military service. The benefits for broken arrow veterans disability lawyer with disabilities are subject to garnishment just like any other income.

Garnishment is a legal procedure that allows a court to make an order to an employer or government agency to take money from the pay of an employee who owes money and transfer them directly to the creditor. In the event of divorce, garnishment can be used to pay child or spousal maintenance.

However, there are a few situations where disability benefits are able to be repaid. The most common scenario is a veteran who waived their military retirement in order to claim disability compensation. In these cases, the portion of pension that is allocated to disability pay can also be garnished to meet family support obligations.

In other circumstances, veteran's benefits may also be garnished in order to cover medical expenses or federal student loans that are past due. In these cases, a court can go 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 garnished. This will help them avoid having to depend on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans as well as their families. However they also come with their own set complications. If a veteran is divorced and receives a VA settlement and is eligible, they should be aware of what this might do to the benefits they receive.

In this case the most important question is whether disability payments are considered assets that can be divided during a divorce. This question has been resolved in a variety of ways. One way is by the Colorado court of appeals decision that found that VA disability payments are not property and can't be divided in that way. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability benefits for the purpose of alimony was in violation of USFSPA.

Another issue that is related to this issue is the handling of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. Some states have a different approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then adds disability payments to take the fact that they are tax-free.

In the end, it is crucial for veterans to know how their disability compensation will be affected if they are divorced and how their spouses' ex-spouses could garnish their compensation. By being aware of these issues, magnolia veterans disability law firm can safeguard their earnings and avoid any unintended consequences.