Crystle Vickery asked 3 hónap ago
How a Veterans Disability Settlement Can Affect a Divorce Case
Jim’s 58-year-old client is permanently disabled because of his time in the military. He gets a monthly pension from the Department of Veterans Affairs.
He wants to know how a jury award will impact his VA benefits. The answer is not. But it will have some impact on the other sources of income he has.
Can I receive compensation for an accident?
If you have served in the military but are now permanently disabled because of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can help compensate you for medical bills, lost income and other expenses resulting from your injury or sickness. The type of settlement you’ll receive depends on whether your medical condition is service-connected, or not connected, the VA benefits you qualify for, and how much your accident or injury will cost to treat.
Jim, a 58 year old Vietnam veteran, was diagnosed as having permanent disabilities due to his two years of service. He does not have enough work space to qualify for Social Security Disability benefits, however, he is able to claim the VA Pension which offers cash and medical treatment for free according to his financial need. He would like to find out if a personal injury settlement will affect his ability to receive this benefit.
The answer will depend on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements involve installments over time instead of one payment. The amount paid by the defendant is calculated to offset the existing VA benefits. However, a lump sum settlement will probably impact any benefits already in place because the VA considers it income and will annualize it. In the event that there are any excess assets are left after the twelve month period when the settlement has been annualized Jim could apply again for the Pension benefit but only if his assets are lower than a threshold with which 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 its impact on the financial aspects of divorce cases. Some people think that the Department of Veterans Affairs’ compensation payments are able to be divided like a pension from a military service in divorce or are „off limits” in calculation of child support and alimony. These misconceptions could lead to financial mistakes that have serious repercussions.
While it is possible to submit an initial claim for vimeo disability benefits on your own, many disabled veterans can benefit from the help of a qualified lawyer. A disability attorney for veterans can review your medical records to gather the evidence needed to prove your case to the VA. The lawyer can also file any appeals you might require to get the benefits you are entitled to.
The majority of VA disability lawyers don’t charge for consultations. Additionally, the lawyer will generally be paid by the government directly from the retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should specify clearly the proportion of retroactive benefits that will be paid to your lawyer. For example the fee agreement could provide that the government can pay the lawyer up to 20% of retroactive benefits or provide. You will be accountable for any additional amount.
Can I Garnish My VA Benefits?
The VA offers monthly payments to disabled veterans. The payments are intended to offset the effects of diseases, injuries or disabilities sustained or aggravated during the course of a veteran’s service. Like all income, the veterans disability benefits can be subject to garnishment.
Garnishment lets a court order that an employer or a government agency withhold money from the pay of a person who has a debt and send it directly to the creditor. In the event of a divorce garnishment can be used for child or spousal maintenance.
However, there are some situations where disability benefits may be repaid. Most often, it is the case of a veteran who waived his military retirement to receive disability compensation. In these instances, the portion of the pension that is allocated to disability pay can be garnished to pay family support obligations.
In other situations, veteran’s benefit may be garnished in order to pay medical bills or federal student loans that are over due. In these cases the court could go directly to the VA for the information they need. It is vital for disabled veterans to hire a knowledgeable lawyer to ensure that their disability benefits aren’t taken away. This will prevent them from relying on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a major help for veterans and their families, but they do come with their own set-of complications. If a veteran is divorced and receives a VA settlement it is important to know what this will do to the benefits they receive.
One of the major issues in this context is whether or not the disability payments are considered divisible assets in divorce. This issue has been addressed in a variety of ways. A Colorado court of appeals ruling decided that VA disability payments were not property and could not be divided this manner. The other way is by a U.S. Supreme Court ruling in Howell which held that garnishing the veteran’s VA disability benefits to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another issue related to this topic is how the disability benefits are interpreted to determine child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. Certain states take different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then adds disability payments to take into the fact that they are tax-free.
It is also important that veterans are aware of how divorce affects their disability benefits and how their spouses who divorced could slash their benefits. By being aware of these issues, ambridge veterans disability lawyer can safeguard their income and avoid unintended consequences.
