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How a veterans disability law firms 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 gets a monthly pension from the Department of Veterans Affairs.
He wants to know if a jury award will affect his VA benefits. It won't. However, it will affect his other income sources.
Can I receive compensation for an accident?
If you've been in the military, and are permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement could help you receive compensation for your medical bills, lost wages and other expenses resulting from your illness or injury. The kind of settlement you could receive will depend on whether or not your injury or illness is a result of a service connection, the VA benefits you are eligible for, and the amount you will need to treat your injury or accident.
For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He does not have enough space for work to be eligible for Social Security Disability benefits, but he has a VA Pension that provides cash and medical treatment for free dependent on the amount of money he needs. He wants to find out if a personal injury settlement would affect his ability be eligible for this benefit.
The answer depends on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements consist of payments over a period of time, rather than one payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum settlement can affect any existing VA benefits because the VA will annually assess and count it income. If Jim has excess assets after the settlement has been annualized then he is eligible to receive the Pension benefit. However the assets he has to be less than a certain threshold that the VA has set that establishes financial necessity.
Do I require an Attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on the financial aspects of divorce cases. In addition, some people think that the Department of Veterans Affairs' compensation payments are able to be divided like a pension from a military service in a divorce or that they are "off limits" when it comes to calculation of child support and alimony. These misconceptions can result in financial mistakes which can have serious consequences.
It is possible to file an application for disability benefits on your own However, most disabled veterans would benefit from the assistance of a qualified lawyer. A disability attorney for veterans can look over your medical records and gather the evidence needed to present a convincing case to the VA. The lawyer will also be able to file any appeals that you require to obtain the benefits you're entitled.
In addition, the majority of VA disability lawyers do not charge fees for consultations. In addition, the lawyer will generally be paid by the government directly out of your award of retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will be paid should be clearly stated in your fee agreement. For instance your fee agreement may state that the government will pay the lawyer up to 20% of retroactive benefits or give. You will be responsible for any additional amounts.
Can I Garnish My VA Benefits?
If a disabled veteran receives compensation from the VA it is in the form of monthly payments. The purpose of the payments is to alleviate some of the consequences of illnesses, disabilities or injuries that are sustained or aggravated due to a veteran's military service. As with all income, veterans disability - mouse click the next page, benefits can be subject to garnishment.
Garnishment is a legal process that allows a court to decide that an employer or a government agency to omit funds from the paycheck of a person who owes money, and then send them directly to the creditor. In the event of a divorce the garnishment could be used for child or spousal maintenance.
There are some situations where the benefits of a veteran can be garnished. Most often, it is the case of a veteran who has 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 can be garnished to pay family support obligations.
In other circumstances, veteran's benefit may be garnished to pay medical bills or federal student loans that are over due. In these cases the court can go directly to the VA for the information they need. The disabled veteran should consult an experienced attorney to secure their disability benefits. This can prevent 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 come with their own set-of complications. For instance, if a veteran gets divorced and receives an VA disability settlement, they should be aware of what effect this will have on their benefits.
A major issue in this regard is whether disability benefits are considered divisible assets in a divorce. This question has been resolved in two ways. A Colorado court of appeals decision found that VA disability payments were not property and therefore could not be divided this way. Another method is an U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern with this subject is the treatment of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. However, certain states have adopted the opposite approach. Colorado for instance, adds all sources of income together to determine the amount needed to support a spouse and then adds on disability payments in order to account for their tax-free status.
It is also essential that veterans are aware of how divorce affects their disability compensation and how ex-spouses could take advantage of their compensation. By being aware of these issues, vets can protect their income and avoid the unintended consequences.
Jim's client, a 58-year-old man is permanently disabled as a result of his military service. He gets a monthly pension from the Department of Veterans Affairs.
He wants to know if a jury award will affect his VA benefits. It won't. However, it will affect his other income sources.
Can I receive compensation for an accident?
If you've been in the military, and are permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement could help you receive compensation for your medical bills, lost wages and other expenses resulting from your illness or injury. The kind of settlement you could receive will depend on whether or not your injury or illness is a result of a service connection, the VA benefits you are eligible for, and the amount you will need to treat your injury or accident.
For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He does not have enough space for work to be eligible for Social Security Disability benefits, but he has a VA Pension that provides cash and medical treatment for free dependent on the amount of money he needs. He wants to find out if a personal injury settlement would affect his ability be eligible for this benefit.
The answer depends on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements consist of payments over a period of time, rather than one payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum settlement can affect any existing VA benefits because the VA will annually assess and count it income. If Jim has excess assets after the settlement has been annualized then he is eligible to receive the Pension benefit. However the assets he has to be less than a certain threshold that the VA has set that establishes financial necessity.
Do I require an Attorney?
Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on the financial aspects of divorce cases. In addition, some people think that the Department of Veterans Affairs' compensation payments are able to be divided like a pension from a military service in a divorce or that they are "off limits" when it comes to calculation of child support and alimony. These misconceptions can result in financial mistakes which can have serious consequences.
It is possible to file an application for disability benefits on your own However, most disabled veterans would benefit from the assistance of a qualified lawyer. A disability attorney for veterans can look over your medical records and gather the evidence needed to present a convincing case to the VA. The lawyer will also be able to file any appeals that you require to obtain the benefits you're entitled.
In addition, the majority of VA disability lawyers do not charge fees for consultations. In addition, the lawyer will generally be paid by the government directly out of your award of retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will be paid should be clearly stated in your fee agreement. For instance your fee agreement may state that the government will pay the lawyer up to 20% of retroactive benefits or give. You will be responsible for any additional amounts.
Can I Garnish My VA Benefits?
If a disabled veteran receives compensation from the VA it is in the form of monthly payments. The purpose of the payments is to alleviate some of the consequences of illnesses, disabilities or injuries that are sustained or aggravated due to a veteran's military service. As with all income, veterans disability - mouse click the next page, benefits can be subject to garnishment.
Garnishment is a legal process that allows a court to decide that an employer or a government agency to omit funds from the paycheck of a person who owes money, and then send them directly to the creditor. In the event of a divorce the garnishment could be used for child or spousal maintenance.
There are some situations where the benefits of a veteran can be garnished. Most often, it is the case of a veteran who has 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 can be garnished to pay family support obligations.
In other circumstances, veteran's benefit may be garnished to pay medical bills or federal student loans that are over due. In these cases the court can go directly to the VA for the information they need. The disabled veteran should consult an experienced attorney to secure their disability benefits. This can prevent 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 come with their own set-of complications. For instance, if a veteran gets divorced and receives an VA disability settlement, they should be aware of what effect this will have on their benefits.
A major issue in this regard is whether disability benefits are considered divisible assets in a divorce. This question has been resolved in two ways. A Colorado court of appeals decision found that VA disability payments were not property and therefore could not be divided this way. Another method is an U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern with this subject is the treatment of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. However, certain states have adopted the opposite approach. Colorado for instance, adds all sources of income together to determine the amount needed to support a spouse and then adds on disability payments in order to account for their tax-free status.
It is also essential that veterans are aware of how divorce affects their disability compensation and how ex-spouses could take advantage of their compensation. By being aware of these issues, vets can protect their income and avoid the unintended consequences.
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