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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 military service. He receives a monthly pension benefit from the Department of Veterans Affairs.
He would like to know if a jury verdict will affect his VA benefits. It will not. However, it will have an impact on the other sources of income he has.
Can I get compensation in the event of an accident?
If you have served in the military and are permanently disabled because of injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement can assist in compensating you for medical bills, lost income, and other expenses resulting from your illness or injury. The type of settlement you can receive will depend on whether or not your injury or illness is service-related, what VA benefits you qualify for, and the amount you will need to treat your injury or accident.
For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He hasn't got enough work space to qualify for Social Security disability benefits but He does have a VA Pension benefit that provides medical care and cash dependent on financial need. He wants to know how a personal injuries settlement can affect his ability to get this benefit.
The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are payments made over a long period of time instead of in one payment and the amount received by the defendant is calculated to offset any existing VA benefits. A lump sum payment will impact any existing VA benefits as the VA will annualize and consider it to be income. In any event, if extra assets remain after the twelve month period when the settlement has been annualized Jim could reapply for the Pension benefit but only if his assets are below a threshold that the VA determines to be a financial need.
Do I Need to Hire an attorney?
Many spouses, service members and former spouses are confused about VA disability compensation and its effect on money issues in divorce cases. Some people think that the Department of veterans disability lawyers Affairs' compensation payments can be divided as a military pension in divorce or are "off limits" when it comes to calculation of child support and Alimony. These misconceptions can lead to financial errors that have serious repercussions.
While it is possible to file an initial claim for disability benefits on your own, most disabled veterans benefit from the assistance of an experienced lawyer. A disability attorney for veterans can look over your medical records and gather the evidence needed to prove your case in front of the VA. The lawyer can also file any appeals you may require to get the benefits you are entitled to.
In addition, the majority of VA disability lawyers charge no fees for consultations. Additionally 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 percentage of retroactive past-due benefits your lawyer will receive should be clearly stated in your fee agreement. A fee agreement could state for instance that the government will pay the attorney 20% of retroactive benefits. Any additional amounts are your obligation.
Can I Garnish My VA Benefits?
When disabled veterans disability lawyers receive compensation from the VA it is received in the form of monthly payments. These payments are designed to help offset the impact of injuries, illnesses or disabilities that were suffered or aggravated during the course of a veteran's service. Like all income, the veterans disability benefits can be subject to garnishment.
Garnishment is a court-ordered procedure that an employer or government agency withhold money from the pay of a person who has an obligation and pay it directly to a creditor. In the case of a divorce, garnishment may be used to pay spousal support or child support.
There are a few situations in which veterans' benefits could be encashable. The most common scenario involves veterans who have waived their military retirement to get disability compensation. In these cases the pension portion that is devoted to disability benefits can be garnished in order to cover the obligations of family support.
In other situations veterans' benefits could be seized to pay medical expenses or past-due federal student loans. In these instances the court could go directly to the VA for the information they need. It is essential for disabled veterans to find a competent lawyer to ensure that their disability benefits aren't taken away. This can stop them from relying on payday lenders and private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a big benefit for veterans and their families, but they come with their own set of challenges. If a person divorces and receives a VA settlement, he or she should be aware of what this might do to their benefits.
In this case the most important question is whether or not disability payments count as assets that can be divided in a divorce. This issue has been settled in a variety of ways. A Colorado court of appeals ruling found that VA disability payments were not property and therefore could not be divided this way. Another way is through an U.S. Supreme Court ruling in Howell that ruled that garnishing a veteran's VA disability payments to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another issue that is related to this issue is the handling of disability benefits for child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from utilizing disability benefits as income. However, some states have chosen to take the opposite approach. Colorado, for example, takes all income sources together to determine the amount required to support a spouse and then adds disability income in order to account for their tax-free status.
In the end, it is crucial for veterans to understand how their disability benefits will be affected if they become divorced and how their spouses who divorced them can take advantage of their benefits. By being knowledgeable about these issues, veterans can protect their benefits and avoid unwanted consequences.
Jim's 58-year-old client is permanently disabled due to his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.
He would like to know if a jury verdict will affect his VA benefits. It will not. However, it will have an impact on the other sources of income he has.
Can I get compensation in the event of an accident?
If you have served in the military and are permanently disabled because of injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement can assist in compensating you for medical bills, lost income, and other expenses resulting from your illness or injury. The type of settlement you can receive will depend on whether or not your injury or illness is service-related, what VA benefits you qualify for, and the amount you will need to treat your injury or accident.
For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He hasn't got enough work space to qualify for Social Security disability benefits but He does have a VA Pension benefit that provides medical care and cash dependent on financial need. He wants to know how a personal injuries settlement can affect his ability to get this benefit.
The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are payments made over a long period of time instead of in one payment and the amount received by the defendant is calculated to offset any existing VA benefits. A lump sum payment will impact any existing VA benefits as the VA will annualize and consider it to be income. In any event, if extra assets remain after the twelve month period when the settlement has been annualized Jim could reapply for the Pension benefit but only if his assets are below a threshold that the VA determines to be a financial need.
Do I Need to Hire an attorney?
Many spouses, service members and former spouses are confused about VA disability compensation and its effect on money issues in divorce cases. Some people think that the Department of veterans disability lawyers Affairs' compensation payments can be divided as a military pension in divorce or are "off limits" when it comes to calculation of child support and Alimony. These misconceptions can lead to financial errors that have serious repercussions.
While it is possible to file an initial claim for disability benefits on your own, most disabled veterans benefit from the assistance of an experienced lawyer. A disability attorney for veterans can look over your medical records and gather the evidence needed to prove your case in front of the VA. The lawyer can also file any appeals you may require to get the benefits you are entitled to.
In addition, the majority of VA disability lawyers charge no fees for consultations. Additionally 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 percentage of retroactive past-due benefits your lawyer will receive should be clearly stated in your fee agreement. A fee agreement could state for instance that the government will pay the attorney 20% of retroactive benefits. Any additional amounts are your obligation.
Can I Garnish My VA Benefits?
When disabled veterans disability lawyers receive compensation from the VA it is received in the form of monthly payments. These payments are designed to help offset the impact of injuries, illnesses or disabilities that were suffered or aggravated during the course of a veteran's service. Like all income, the veterans disability benefits can be subject to garnishment.
Garnishment is a court-ordered procedure that an employer or government agency withhold money from the pay of a person who has an obligation and pay it directly to a creditor. In the case of a divorce, garnishment may be used to pay spousal support or child support.
There are a few situations in which veterans' benefits could be encashable. The most common scenario involves veterans who have waived their military retirement to get disability compensation. In these cases the pension portion that is devoted to disability benefits can be garnished in order to cover the obligations of family support.
In other situations veterans' benefits could be seized to pay medical expenses or past-due federal student loans. In these instances the court could go directly to the VA for the information they need. It is essential for disabled veterans to find a competent lawyer to ensure that their disability benefits aren't taken away. This can stop them from relying on payday lenders and private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a big benefit for veterans and their families, but they come with their own set of challenges. If a person divorces and receives a VA settlement, he or she should be aware of what this might do to their benefits.
In this case the most important question is whether or not disability payments count as assets that can be divided in a divorce. This issue has been settled in a variety of ways. A Colorado court of appeals ruling found that VA disability payments were not property and therefore could not be divided this way. Another way is through an U.S. Supreme Court ruling in Howell that ruled that garnishing a veteran's VA disability payments to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another issue that is related to this issue is the handling of disability benefits for child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from utilizing disability benefits as income. However, some states have chosen to take the opposite approach. Colorado, for example, takes all income sources together to determine the amount required to support a spouse and then adds disability income in order to account for their tax-free status.
In the end, it is crucial for veterans to understand how their disability benefits will be affected if they become divorced and how their spouses who divorced them can take advantage of their benefits. By being knowledgeable about these issues, veterans can protect their benefits and avoid unwanted consequences.
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