Chloe Glover спросил 2 года назад
How a Veterans Disability Settlement Can Affect a Divorce Case
Jim’s 58-year-old client is permanently disabled from his service in the military. He receives a monthly pension benefit from the Department of veterans disability claim, https://www.we-grow.dk/, Affairs.
He wants to know if the jury’s verdict will affect his VA benefits. The answer is not. It will, veterans Disability Claim however, affect the income sources of his other income sources.
Do I have the right to receive compensation for an Accident?
You may be eligible for a settlement if have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement will allow you to receive compensation for your medical bills, lost wages, and other expenses related to your injury or illness. The type of settlement you’ll be able to get will depend on whether the condition is service-connected or not connected, the VA benefits you qualify for, and the amount your accident or injury will cost to treat.
For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. He hasn’t got enough work space to be eligible for Social Security disability benefits but there is a VA Pension benefit which provides cash and medical treatment for free that is based on financial need. He wants to find out if a personal injury settlement will affect his ability to get this benefit.
The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements are those that are made over a time frame rather than as a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment can impact any existing VA benefits as the VA will annually evaluate and consider it as income. If Jim has excess assets after the settlement has been annualized, he can reapply to be eligible for the pension benefit. However his assets must be less than a certain 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 its impact on the financial aspects of a divorce case. Some people believe, among other things, that the Department of Veterans Affairs compensation payments can be split as a military retirement in divorce proceedings or that they’re «off limits» when it comes to calculating child support and Alimony. These misconceptions can result in financial mistakes that have serious repercussions.
While it is possible to file an initial claim for disability benefits by yourself, the majority of disabled veterans disability legal get the assistance of an experienced lawyer. A veteran’s disability attorney can look over your medical records and collect the evidence necessary to present a convincing case before the VA. The lawyer will also be able to file any appeals you may need to get the benefits you are entitled to.
Most VA disability lawyers don’t charge for consultations. The government will also pay the lawyer directly from the payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will be paid should be outlined in your fee agreement. A fee agreement could state for instance that the government will pay the attorney 20 percent of retroactive benefits. Any additional amounts will be your responsibility.
Can I Garnish My VA Benefits?
The VA pays monthly compensation to disabled veterans. These payments are designed to alleviate the effects of injuries, diseases or disabilities that have been sustained or aggravated by a veteran’s service. The benefits for veterans disability litigation‘ disability are subject to garnishment just like other incomes.
Garnishment can be a legal proceeding that allows a court to order an employer or government agency to withhold funds from the pay of someone who owes money and transfer them directly to a creditor. In the event of a divorce garnishment can be used to pay child or spousal support.
There are certain situations where the benefits of a veteran can be encashable. The most common scenario is a veteran who waived their military retirement to get disability compensation. In these situations, the portion of the pension apportioned to disability pay may be garnished for family support obligations.
In other cases the benefits of a veteran can be garnished to pay for medical expenses or past due federal student loans. In these cases a court may be able to go straight to the VA to obtain the necessary information. The disabled veteran should consult an experienced attorney to safeguard their disability benefits. 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 an enormous assistance to veterans and their families, but they don’t come without their own set of complications. For example, if a veteran gets divorced and is awarded an VA disability settlement, they must be aware of what this means for the benefits they receive.
In this regard, a major question is whether or not disability payments count as assets that can be split in a divorce. This question has been resolved in a couple of ways. A Colorado court of appeals ruling declared that VA disability payments were not property and therefore could not be divided in this manner. The other way is by a U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran’s VA disability benefits to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern with this issue is the treatment of disability benefits to children for maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from counting disability benefits as income. Certain states take different methods. For instance, Colorado adds up all sources of income to determine the amount 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 for veterans to understand how their disability benefits will be affected if they are divorced and Veterans Disability Claim how their ex-spouses can garnish their compensation. If they are aware of these issues, veterans can safeguard their compensation and avoid unwanted consequences.
