Richard Dozier спросил 5 месяцев назад
How a clemmons Veterans disability lawyer Disability Settlement Can Affect a Divorce Case
Jim’s client, a 58-year-old man, is permanently disabled as a result of his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.
He wants to know if the jury’s verdict will affect his VA benefits. The answer is that it will not. However, it will have an impact on the other sources of income he earns.
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 veterans disability settlement. This settlement will help pay you for medical bills, lost income, and other expenses that resulted from your illness or injury. The kind of settlement you’ll be able to get depends on whether or not your condition is service-connected or non-service connected, which VA benefits you qualify for, and what your accident or injury will cost to treat.
For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. He does not have enough space for work to qualify for Social Security Disability benefits, but he has the VA Pension which offers free medical care and cash depending on the financial needs of his. He wants to determine if a personal accident settlement could affect his ability to be eligible for this benefit.
The answer is dependent on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements involve payments over time rather than one single payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum settlement can affect any existing VA benefits since the VA will annualize and consider it to be income. If Jim has excess assets after the settlement is annualized, he can reapply to be eligible for the pension benefit. However the assets must be under a limit that the VA has determined to be a financial necessity.
Do I need to hire an attorney?
Many spouses, service members and former spouses are confused about VA disability compensation and its impact on financial issues in divorce cases. There are many other reasons, but some people believe that the Department of Veterans Affairs’ compensation payments can be split like a military pension divorce or are «off limits» in the calculation of child support and Alimony. These misconceptions could lead grave financial errors.
It is possible to submit a claim for disability benefits yourself, but most disabled veterans would benefit from the assistance of a qualified lawyer. A veteran’s disability attorney can examine your medical records to gather the necessary evidence to prove your case before the VA. The lawyer can also file any appeals that you may require to get the benefits you deserve.
Most VA disability lawyers don’t charge for consultations. In addition that the lawyer will normally be paid by the government directly out of your retroactive past due benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly specify the percentage of retroactive benefits that will be paid to your lawyer. A fee agreement could say that, for instance, the government will pay the attorney up 20 percent of retroactive benefits. You will be responsible for any additional amounts.
Can I Garnish My VA Benefits?
The VA pays a monthly amount of compensation to disabled veterans. The payments are intended to alleviate the effects of diseases, injuries or disabilities that have been sustained or aggravated by a veteran’s service. As with all income, benefits for pasadena veterans disability lawyer with disabilities are subject to garnishment.
Garnishment is a court-ordered procedure that an employer or a government agency withhold funds from the paycheck of a person who owes a debt and send it directly to a creditor. In the event of divorce, garnishment may be used to pay spousal support or child support.
However, there are a few circumstances where a veteran’s disability benefits could be refunded. The most frequent scenario involves the veteran who has waived their military retirement to get disability compensation. In these instances the amount of pension apportioned to disability pay can be garnished for family support obligations.
In other cases, a veteran’s benefits could be garnished to cover medical expenses or federal student loans that are past due. In these situations the court may be able to direct the case 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 having to depend on payday and private loan lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a major assistance to veterans and their families, but they don’t come without their own set of challenges. If a veteran is divorced and receives a VA settlement it is important to be aware of the implications to the benefits they receive.
A major issue in this regard is whether or not disability payments are considered to be divisible assets in divorce. This issue has been addressed in a variety of ways. One method is a Colorado court of appeals decision, which found that VA disability payments are not property and therefore cannot be divided as such. Another method is a U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran’s VA disability payments to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another issue that is related to this issue 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 chosen to take different approaches. Colorado for instance, takes all income sources together to determine the amount required to support a spouse and then adds on disability payments in order to account for their tax-free status.
It is also important that veterans are aware of how divorce can affect their disability compensation and how ex-spouses could take advantage of their compensation. By being aware of these issues, veterans can ensure the security of their compensation and avoid unwanted consequences.