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How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's client, 58 years old, is permanently disabled from his military service. He receives a monthly Pension benefit from the Department of Veterans Affairs.
He would like to know how the verdict of a jury will impact his VA benefits. It won't. It will, however, affect his other income sources.
Can I get compensation in the event of an accident?
If you've served in the military and are permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will help pay you for medical bills, lost income and other expenses resulting from your injury or sickness. The kind of settlement you can receive will depend on whether your illness or injury is service-related, what VA benefits you are eligible for, and the amount you will need to treat your injury or accident.
For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. Jim does not have enough work space to be eligible for Social Security Disability benefits, however, he does have the VA Pension, which provides free medical treatment and cash according to his financial need. He would like to know how a personal injury lawsuit will affect his eligibility to receive this benefit.
The answer depends on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are settlements that are paid over a time frame rather than in a single payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum payment can impact any existing VA benefits since the VA will annually calculate and consider it to be income. If Jim has surplus assets after the settlement is annually adjusted, he can reapply to be eligible for the pension benefit. However the assets he has to be below a threshold the VA has set to establish financial necessity.
Do I really need to hire an Attorney?
Many spouses, military personnel and former spouses have concerns about VA disability benefits and their impact on financial issues in divorce. In addition, some people think that the Department of Veterans Affairs' compensation payments can be divided like a pension from a military service in a divorce or that they are "off limits" in calculation of child support and Alimony. These misconceptions can result in financial mistakes which can have serious consequences.
It is possible to submit a claim for disability benefits on your own, but most disabled veterans will benefit from the assistance of a professional lawyer. An experienced veteran's disability lawyer can review your medical records and gather the necessary evidence to support your case at the VA. The lawyer will also be able to file any appeals that you require to receive the benefits you're entitled to.
Most VA disability lawyers do not charge for consultations. In addition, the lawyer will generally be paid by the government directly out of your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly state the amount of retroactive benefits that will be paid to your lawyer. A fee agreement may stipulate, for example, that the government would pay the attorney up 20% of retroactive benefits. Any additional amount is your to pay.
Can I Garnish My VA Benefits?
If a disabled veteran is granted compensation from the VA the compensation is paid in the form of monthly payments. The funds are meant to offset the effects of diseases, injuries or disabilities that have been sustained or worsened during the veteran's time of service. As with all income, benefits for veterans with disabilities are subject to garnishment.
Garnishment allows a court order that an employer or government agency stop cash from the pay of a person who is in the process of paying an obligation and pay it directly to a creditor. In the event of divorce, garnishment may be used to pay child or spousal maintenance.
There are a few situations in which a veteran's disability benefits can be refunded. Most common is the veteran who renounced his retirement from the military in order to receive disability compensation. In these cases the portion of the pension that is attributed to disability benefits could be garnished to meet family support obligations.
In other instances, a veteran's benefits could be seized to pay medical expenses or federal student loans that are past due. In these cases, a court may be able to direct the case to the VA to obtain the necessary information. It is crucial for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits aren't removed. This will stop them from relying on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a major aid to veterans and their families, but they don't come without their own set of complications. For instance the case where a veteran is divorced and is awarded an VA disability settlement, they must be aware of how this will affect their benefits.
In this context, the main question is whether disability payments count as assets that can be split in divorce. The question has been answered in two ways. One option is the Colorado court of appeals decision, which found that VA disability payments are not property, and therefore cannot be divided as such. Another way is through the U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability payments to pay Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern relating to this issue is the handling of disability benefits to children for support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. However, some states have chosen to take the opposite approach. 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 account that they are tax-free.
It is also important that Veterans Disability Law Firms (Http://Aragaon.Net) know how divorce will affect their disability compensation and how their spouses who divorced could slash their benefits. By being informed about these issues, vets can protect their income as well as avoid unintended consequences.
Jim's client, 58 years old, is permanently disabled from his military service. He receives a monthly Pension benefit from the Department of Veterans Affairs.
He would like to know how the verdict of a jury will impact his VA benefits. It won't. It will, however, affect his other income sources.
Can I get compensation in the event of an accident?
If you've served in the military and are permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will help pay you for medical bills, lost income and other expenses resulting from your injury or sickness. The kind of settlement you can receive will depend on whether your illness or injury is service-related, what VA benefits you are eligible for, and the amount you will need to treat your injury or accident.
For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. Jim does not have enough work space to be eligible for Social Security Disability benefits, however, he does have the VA Pension, which provides free medical treatment and cash according to his financial need. He would like to know how a personal injury lawsuit will affect his eligibility to receive this benefit.
The answer depends on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are settlements that are paid over a time frame rather than in a single payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum payment can impact any existing VA benefits since the VA will annually calculate and consider it to be income. If Jim has surplus assets after the settlement is annually adjusted, he can reapply to be eligible for the pension benefit. However the assets he has to be below a threshold the VA has set to establish financial necessity.
Do I really need to hire an Attorney?
Many spouses, military personnel and former spouses have concerns about VA disability benefits and their impact on financial issues in divorce. In addition, some people think that the Department of Veterans Affairs' compensation payments can be divided like a pension from a military service in a divorce or that they are "off limits" in calculation of child support and Alimony. These misconceptions can result in financial mistakes which can have serious consequences.
It is possible to submit a claim for disability benefits on your own, but most disabled veterans will benefit from the assistance of a professional lawyer. An experienced veteran's disability lawyer can review your medical records and gather the necessary evidence to support your case at the VA. The lawyer will also be able to file any appeals that you require to receive the benefits you're entitled to.
Most VA disability lawyers do not charge for consultations. In addition, the lawyer will generally be paid by the government directly out of your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly state the amount of retroactive benefits that will be paid to your lawyer. A fee agreement may stipulate, for example, that the government would pay the attorney up 20% of retroactive benefits. Any additional amount is your to pay.
Can I Garnish My VA Benefits?
If a disabled veteran is granted compensation from the VA the compensation is paid in the form of monthly payments. The funds are meant to offset the effects of diseases, injuries or disabilities that have been sustained or worsened during the veteran's time of service. As with all income, benefits for veterans with disabilities are subject to garnishment.
Garnishment allows a court order that an employer or government agency stop cash from the pay of a person who is in the process of paying an obligation and pay it directly to a creditor. In the event of divorce, garnishment may be used to pay child or spousal maintenance.
There are a few situations in which a veteran's disability benefits can be refunded. Most common is the veteran who renounced his retirement from the military in order to receive disability compensation. In these cases the portion of the pension that is attributed to disability benefits could be garnished to meet family support obligations.
In other instances, a veteran's benefits could be seized to pay medical expenses or federal student loans that are past due. In these cases, a court may be able to direct the case to the VA to obtain the necessary information. It is crucial for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits aren't removed. This will stop them from relying on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a major aid to veterans and their families, but they don't come without their own set of complications. For instance the case where a veteran is divorced and is awarded an VA disability settlement, they must be aware of how this will affect their benefits.
In this context, the main question is whether disability payments count as assets that can be split in divorce. The question has been answered in two ways. One option is the Colorado court of appeals decision, which found that VA disability payments are not property, and therefore cannot be divided as such. Another way is through the U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability payments to pay Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern relating to this issue is the handling of disability benefits to children for support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. However, some states have chosen to take the opposite approach. 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 account that they are tax-free.
It is also important that Veterans Disability Law Firms (Http://Aragaon.Net) know how divorce will affect their disability compensation and how their spouses who divorced could slash their benefits. By being informed about these issues, vets can protect their income as well as avoid unintended consequences.
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