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How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's client, a 58 year old man is permanently disabled because of his military service. He receives a monthly pension from the Department of Veterans Affairs.
He would like to know if a jury verdict will affect his VA benefits. It won't. It will, however, affect his other income sources.
Can I claim compensation in the event of an accident?
You may be eligible to receive a settlement if you have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement can assist in compensating you for medical bills, lost income and other expenses resulting from your injury or sickness. The kind of settlement you'll be able to get depends on whether or not your condition is service-connected or non-service connected, what VA benefits you are eligible for, and what your accident or injury will cost to treat.
For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He doesn't have enough work quarters to be eligible for Social Security disability benefits but He does have a VA Pension benefit that offers medical care and cash in accordance with financial need. He wants to determine if a personal accident settlement would affect his ability be eligible for this benefit.
The answer is dependent on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are settlements that are paid over a period of time rather than in a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment can impact any existing VA benefits since the VA will annually assess and count it as income. If Jim has assets that are not used up after the settlement is annually adjusted the applicant can apply again to receive the Pension benefit. However the assets he has to be below a minimum threshold that the VA has determined to be a financial necessity.
Do I require an attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on financial issues in a divorce case. In addition, some people think that the Department of Veterans Affairs' compensation payments can be divided like a pension from a military service in divorce or are "off limits" in the calculation of child support and alimony. These misconceptions could lead to serious financial errors.
It is possible to file a claim for disability benefits on your own, but most disabled veterans will benefit from the assistance of a professional lawyer. A veteran's disability lawyer who is experienced can examine your medical documents and gather the necessary evidence to present a strong case to the VA. The lawyer will also be able to submit any appeals you require to obtain the benefits you're entitled to.
The majority of VA disability lawyers don't charge for consultations. In addition the lawyer will usually be paid by the government directly from your retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will receive should be outlined in your fee agreement. For example your fee agreement may state that the government will pay the attorney up to 20% of retroactive benefits or give. You will be accountable for any additional amount.
Can I Garnish My VA Benefits?
When a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. The payments are intended to alleviate the effects of injuries, diseases or disabilities sustained or worsened during the veteran's time of service. As with all income, veterans disability lawyers disability benefits can be subject to garnishment.
Garnishment permits a court order that an employer or a government agency withhold money from the wages of an individual who owes a debt and send it directly to a creditor. In the case of divorce, garnishment can be used to pay spousal maintenance or child support.
There are certain situations where the benefits of a veteran can be repaid. The most frequent scenario involves those who have renounced their military retirement to receive disability compensation. In these cases the pension portion that is allocated to disability benefits can be garnished in order to cover the obligations of family support.
In other circumstances, veteran's benefits may also be garnished in order to cover medical expenses or federal student loans that are over due. In these instances the court might be able to the VA to obtain the necessary information. A disabled veteran should hire an experienced attorney to protect their disability benefits. This will stop them from having to rely on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements are an excellent help to veterans as well as their families. However they have their own set complications. If a veteran is divorced and receives an VA settlement it is important to 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 could be divided during a divorce. This question has been answered in two ways. A Colorado court of appeals decision found that VA disability payments were not property and could not be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments for alimony was a violation of USFSPA.
Another concern relating to this subject is the treatment of disability benefits for child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. However, certain states have adopted an alternative approach. Colorado for instance adds all income sources together to determine the amount needed to provide for a spouse. Colorado then adds disability income to reflect their tax-free status.
In the end, it is crucial that veterans understand how their disability benefits will be affected if they become divorced and how their spouses' ex-spouses could take advantage of their benefits. By being aware of these issues, vets can ensure their compensation as well as avoid the unintended consequences.
Jim's client, a 58 year old man is permanently disabled because of his military service. He receives a monthly pension from the Department of Veterans Affairs.
He would like to know if a jury verdict will affect his VA benefits. It won't. It will, however, affect his other income sources.
Can I claim compensation in the event of an accident?
You may be eligible to receive a settlement if you have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement can assist in compensating you for medical bills, lost income and other expenses resulting from your injury or sickness. The kind of settlement you'll be able to get depends on whether or not your condition is service-connected or non-service connected, what VA benefits you are eligible for, and what your accident or injury will cost to treat.
For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He doesn't have enough work quarters to be eligible for Social Security disability benefits but He does have a VA Pension benefit that offers medical care and cash in accordance with financial need. He wants to determine if a personal accident settlement would affect his ability be eligible for this benefit.
The answer is dependent on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are settlements that are paid over a period of time rather than in a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment can impact any existing VA benefits since the VA will annually assess and count it as income. If Jim has assets that are not used up after the settlement is annually adjusted the applicant can apply again to receive the Pension benefit. However the assets he has to be below a minimum threshold that the VA has determined to be a financial necessity.
Do I require an attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on financial issues in a divorce case. In addition, some people think that the Department of Veterans Affairs' compensation payments can be divided like a pension from a military service in divorce or are "off limits" in the calculation of child support and alimony. These misconceptions could lead to serious financial errors.
It is possible to file a claim for disability benefits on your own, but most disabled veterans will benefit from the assistance of a professional lawyer. A veteran's disability lawyer who is experienced can examine your medical documents and gather the necessary evidence to present a strong case to the VA. The lawyer will also be able to submit any appeals you require to obtain the benefits you're entitled to.
The majority of VA disability lawyers don't charge for consultations. In addition the lawyer will usually be paid by the government directly from your retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will receive should be outlined in your fee agreement. For example your fee agreement may state that the government will pay the attorney up to 20% of retroactive benefits or give. You will be accountable for any additional amount.
Can I Garnish My VA Benefits?
When a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. The payments are intended to alleviate the effects of injuries, diseases or disabilities sustained or worsened during the veteran's time of service. As with all income, veterans disability lawyers disability benefits can be subject to garnishment.
Garnishment permits a court order that an employer or a government agency withhold money from the wages of an individual who owes a debt and send it directly to a creditor. In the case of divorce, garnishment can be used to pay spousal maintenance or child support.
There are certain situations where the benefits of a veteran can be repaid. The most frequent scenario involves those who have renounced their military retirement to receive disability compensation. In these cases the pension portion that is allocated to disability benefits can be garnished in order to cover the obligations of family support.
In other circumstances, veteran's benefits may also be garnished in order to cover medical expenses or federal student loans that are over due. In these instances the court might be able to the VA to obtain the necessary information. A disabled veteran should hire an experienced attorney to protect their disability benefits. This will stop them from having to rely on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements are an excellent help to veterans as well as their families. However they have their own set complications. If a veteran is divorced and receives an VA settlement it is important to 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 could be divided during a divorce. This question has been answered in two ways. A Colorado court of appeals decision found that VA disability payments were not property and could not be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments for alimony was a violation of USFSPA.
Another concern relating to this subject is the treatment of disability benefits for child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. However, certain states have adopted an alternative approach. Colorado for instance adds all income sources together to determine the amount needed to provide for a spouse. Colorado then adds disability income to reflect their tax-free status.
In the end, it is crucial that veterans understand how their disability benefits will be affected if they become divorced and how their spouses' ex-spouses could take advantage of their benefits. By being aware of these issues, vets can ensure their compensation as well as avoid the unintended consequences.
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