How a granville veterans disability Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled due to his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.

He wants to find out if a verdict from a jury will affect his VA benefits. It will not. However, it will have an impact on the other sources of income he has.

Do I have the right to receive compensation for an accident?

If you've been in the military and are now permanently disabled as a result of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will allow you to get compensation for Oakwood veterans Disability attorney medical bills, lost wages and other expenses that result from your injury or illness. The type of settlement you will receive will depend on whether or not your illness or injury is a result of a service connection, the VA benefits you are eligible to receive, and the amount to treat your injury or accident.

Jim, a 58-year veteran of Vietnam, was diagnosed as having permanent disabilities due to his two years of service. Jim does not have enough space for work to be eligible for Social Security Disability benefits, however, he can claim a VA Pension that provides cash and medical care for free depending on the financial needs of his. He would like to determine if a personal accident settlement will affect his ability to get this benefit.

The answer will depend on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are based on payments over time instead of a single payment. The amount that defendant pays is calculated to offset existing VA benefits. A lump sum payment can impact any existing VA benefits as the VA will annually calculate and consider it income. If Jim has extra assets after the settlement is annually adjusted then he is eligible to be eligible for the pension benefit. However, his assets must be under a limit that the VA has set that establishes financial necessity.

Do I need to hire an attorney?

Many spouses, military personnel, and former spouses have questions about VA disability payments and their impact on financial issues during a divorce. Some people think, for instance, that Department of Veterans Affairs compensation payments can be split as a military retirement in divorce cases or that they're "off limits" in calculating child support and alimony. These misconceptions can lead to serious financial errors.

It is possible to submit a claim for disability benefits yourself, but most disabled veterans would benefit from the assistance from a competent lawyer. A veteran's disability lawyer can examine your medical records to gather the evidence needed to prove your case in front of the VA. The lawyer can also help to file any appeals you may require to secure the benefits you deserve.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from the award of retroactive benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly define the percentage of retroactive benefits that will be paid to your lawyer. For example, oakwood veterans disability attorney a fee agreement can state that the government will pay the lawyer up to 20% of retroactive benefits or award. The attorney is responsible for any additional sums.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The payments are meant to help offset the effects of disability, illness or injuries that are sustained or aggravated due to a veteran's military service. As with all income, maitland veterans disability disability benefits are subject to garnishment.

Garnishment allows a court order that an employer or government agency deduct money from the wages of an individual who owes a debt and send it directly to the creditor. In the event of a divorce, garnishment may be used to pay spousal support or child support.

There are situations where the benefits of a veteran can be repaid. The most common situation involves those who have renounced their military retirement in order to claim disability compensation. In these situations, the portion of the pension apportioned to disability pay can be garnished to pay family support obligations.

In other circumstances it is possible for a veteran's benefits to be garnished to pay for medical expenses or past-due federal student loans. In these instances the court may be able to the VA to get the required information. The disabled veteran should consult an experienced attorney to secure their disability benefits. This can help them avoid having to depend on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous benefit for oakwood veterans disability Attorney and their families, but they don't come without their own set-of complications. For example in the event that a veteran gets divorced and receives an VA disability settlement, they should be aware of how this will affect the benefits they receive.

One of the major issues in this regard is whether or not the disability payments count as divisible assets in a divorce. The issue has been resolved in a couple of ways. One option is a Colorado court of appeals decision that found that VA disability payments are not property and can't be divided in this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments for an alimony payment was a violation of USFSPA.

Another concern that is related to this issue is how disability benefits are treated to determine child support and maintenance. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. Certain states use a different approach. Colorado for instance, adds all sources of income together to determine the amount needed to support a spouse and then adds disability income in order to take into account their tax-free status.

Finally, it is important that veterans understand how their disability compensation will be affected if they get divorced and how their ex-spouses may be able to garnish their compensation. By being aware of these issues, columbiana veterans disability attorney can ensure their compensation as well as avoid the unintended consequences.