Monday, May 23, 2022

Is Va Disability Compensation Considered As Income

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How Much Does Disability Pay

2022 VA Disability Pay Chart and Compensation Rates

In order to receive Social Security Disability Insurance payments, youll have to meet two major requirements. Firstly, you must have a qualifying medical condition which prevents you from working. Secondly, you must have earned enough work credits. program.)

SSDI benefits are dependent upon your lifetime average earnings . As such, having access to your full work history becomes extremely important when estimating what your benefit amount could be.

Going into 2021, the average disabled worker will receive $1,277 per month in disability benefits. The maximum monthly payment a disabled worker can receive in 2021 is $3,011. In other words, disability benefits provide steady income for workers who are truly disabled and who are unlikely to be able to return to work.

Learn more about how Social Security disability benefit amounts are calculated.

Deducting Medical Expenses From Countable Income

Theres one more thing to know about how the VA evaluates your income. You may be able to reduce your countable income by deducting certain medical expenses, including your Medicare premiums and the cost of doctor visits, wheelchairs, chiropractic treatments, dental work, prescription drugs, home health services, hospital expenses, and therapy sessions. See a list of eligible medical expenses here.

You can deduct medical expenses from countable income when your out-of-pocket, unreimbursed healthcare expenses exceed 5% of the VA Maximum Annual Pension Rate for the previous year. In 2020, MAPR for veterans with no dependents ranged from $13,752 to $22,939.

Veterans Affairs Disability Pension Considered Income For Support Purposes

For military and RCMP members receiving a Veterans Affairs Disability pension, there is some confusion on whether or not the amount is included in income for child support and spousal support purposes. This blog post will discuss some factors that need to be considered in determining whether a Veterans Affairs Disability Pension is income for support purposes.

Prior to 2012, generally, the amount was included as income. As the pension is not taxable, the amount would be grossed up to the pre-tax equivalent. Support would then be calculated on that amount. Some confusion ensued with a Federal Court decision in 2012.

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But Ive Contacted Several Members Of Congress Only To Be Told That They Do Not Get Involved In Civil Matters Nor Do They Interfere With The Legal Process In State Family Courts

Thats right. They dont. No one not even state court judges wants to get involve in messy divorce cases in the courts. Members of Congress have no authority to intervene or to tell judges how to act in these cases. It would be highly unprofessional and certainly illegal for outside influence to descend on a state divorce court and push the determination of a certain outcome. This is why we pride ourselves on an independent system of courts and neutral, objective judges ones who cannot be gotten to by those outside the judicial process. Neither the Department of Veterans Affairs nor the members of the Senate and House have any business sticking their noses inside a courtroom or telling a judge what to do.

What Can You Do If You Or Your Ex

5 Unique Va Non Service Connected Disability Pay Chart ...

If either you or your ex-spouse is receiving a VAC disability pension, consider obtaining some legal advice. The question is Veterans Affairs Disability pension considered income for support purposes is not easy to answer. Depending on the amount, it can have a significant impact on monthly support payments. Each situation is different and your situation may differ from the cases that are discussed here. Everything in this article is for educational purposes only and do not constitute legal advice.

Contact Hearty Law for a virtual consultation to discuss your specific situation. Either complete the contact form found here or email toronto@heartylaw.ca or ottawa@heartylaw.ca.

Hearty Law serves Toronto, Ottawa, and surrounding areas.

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Free Tax Preparation Services

Each year, millions of people have their taxes prepared for free by IRS-certified volunteers. The Volunteer Income Tax Assistance and Tax Counseling for the Elderly programs have helped people for more than 40 years. Over 1.3million free tax returns were prepared for Veterans since the inception of the MOU at nearly 8,000 free tax preparation sites across the country. Here are some details about VITA and TCE:

  • The IRS works with local community groups to train and certify VITA and TCE volunteers.
  • VITA generally offers free tax return preparation to those who qualify.
  • TCE is mainly for people age 60 or older. The program focuses on tax issues unique to seniors. AARP participates in the TCE program through AARP Tax-Aide.
  • VITA and TCE provide free electronic filing. E-filing is the safest, most accurate way to file your tax return. If you combine e-file with direct deposit, you can get your refund faster.
  • Qualifying For One Does Not Qualify You For The Other

    The VA and Social Security Administration have completely separate processes and requirements for getting benefits such as these. Just because you are approved for one program does not mean you will qualify for another and just because you draw benefits from one does not mean you will automatically get the other. Each must be applied for separately and approved separately.

    Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter for Air Force Television News

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    Drawing Va Benefits And Ssa Benefits

    Veterans may be permitted to draw both VA and SSA benefits, but depending on the SSA program you enroll in, you may or may not have your Social Security benefit amount reduced dollar-for-dollar by the amount of your VA disability pay . Those drawing SSI may risk benefit reduction if they dont meet income caps those drawing SSDI are not at risk.

    With or without the benefit reduction, it can be helpful to have a VA disability rating established when you apply for SSA benefits such as SSDI or Social Security Income payments. Not in every case, but in some very important circumstances this can be a big help.

    If you apply for both VA disability benefits AND Social Security disability benefits, will the amount of either be reduced because you draw both?

    The key to understanding this issue to is recognize that Social Security comes in two different options: Supplemental Security Income or Social Security Disability Insurance . One program allows you to draw VA disability pay with no penalty, while the other features a dollar-for-dollar reduction in the amount of Social Security payments based on the amount of the VA disability payments.

    What Qualifies You For Va Medical Benefits

    VA Disability Pay Dates for 2022

    Active military, naval, or air service duty without a dishonorable discharge is a prerequisite for receiving basic VA medical benefits. If you served after September 7, 1980, you must have also fulfilled the VAs minimum duty requirement. That means you completed 24 continuous months of active duty or you completed the full period for which you were called. If you are a member of the Reserves or National Guard, active duty for training purposes doesnt meet the minimum duty requirement you need to have been called to active duty by federal order. The minimum duty requirement is waived if you were disabled while serving or discharged for a hardship.

    As noted, you can qualify for Priority Groups 5, 7, or 8 based on income, assuming you meet the minimum duty requirements. Priority Group 5 includes those who are receiving VA pension benefits, are eligible for Medicaid, or whose income is below the VAs National Income Threshold. Priority Groups 7 and 8 have higher income thresholds that vary based on where you live and how many dependents you have.

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    About Va Claims Insider

    VA Claims insider is an education-based coaching/consulting company. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible Independent Medical Opinions & Nexus Statements for a wide range of disability conditions.

    Are Va Survivors Benefits Taxable

    A VA Survivors Pension offers monthly payments to qualified surviving spouses and unmarried dependent children of deceased wartime veterans who meet certain income and net worth limits set by Congress.

    The VA Survivors Pension, which was formerly referred to as the Death Pension, is a tax-free benefit.

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    Gi Bill Education Benefits

    All versions of the GI Bill, including the Post-9/11 GI Bill and the Montgomery GI Bill, provide tax-free benefits for higher education, including undergraduate and postgraduate study as well as vocational training. You dont have to report these benefits as income on your tax return.

    If you qualify, you can claim tax credits such as the Lifetime Learning Credit or the American Opportunity Credit Lifetime Learning Credit or the American Opportunity Credit in addition to using the applicable GI Bill for education expenses. Note that if you do, your credit will be reduced for any money the GI Bill contributes toward your tuition and fees. For example, if your tuition bill is $5,000 one year, and the GI Bill pays for $4,000 of it, your credit would be based on the $1,000 you paid yourself.

    Tax Resources For Veterans

    2021 VA Disability Compensation Rates

    In 2015, the IRS and VA created a Moratorium of Understanding with a primary focus on providing veterans and their families with free tax preparation services. Several other organizations joined the Moratorium of Understanding to offer their tax advice and services to both veterans and low-income individuals and families. Examples of these resources include:

    • IRS Free File offers free tax software to single and married filers with an income less than $69,000 as of December 31, 2019.
    • If you are at least 60 years old, you may qualify for free electronic tax filing through the Volunteer Income Tax Assistance Program or Tax Counseling for the Elderly Program. Program volunteers have received training directly from the IRS. The American Association of Retired Persons works with TCE through its own program called AARP Tax-Aide.
    • Low and moderate income veterans may qualify for the Earned Income Tax Credit on their federal tax return. You could also qualify to receive the Child Tax Credit. You can learn more about both tax credits and how they help military families by watching this short YouTube video.
    • The Office of Service Member Affairs associated with the Bureau of Consumer Financial Protection provides free financial coaching for veterans. You can use this link to find a financial coach in your community trained to work with the unique financial needs of veterans.

    Hill and Ponton is Available as an Additional Resource

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    Are Your Veterans Benefits Taxable

    Find out if you need to report the veterans benefits you receive as income on your tax return.

    After you leave the military, veteran benefits may play a key role in helping you enjoy life as a civilian. You may receive a variety of benefits, from a pension to disability compensation to the GI Bill. If youre like many veterans, an important question occurs to you at this time of year: are VA benefits taxable?

    The answer isnt as simple as the question. Whether or not your VA benefits are taxable depends on which benefits you receive and what your circumstances are. Its always a good idea to consult a tax professional about your individual circumstances. However, the following general information can help you understand when you mayor may notowe taxes.

    Limitations On Dic Compensation

    If a survivor receives any compensation that the veteran was receiving or entitled to after the date of the veterans death, they will be required to pay that money back if they spend it.

    If a survivor is eligible for payments under the Survivor Benefit Plan , those payments will be reduced by the amount of DIC benefits received.

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    Applying For Tax Breaks

    While each state is different, property tax exemptions may require you to file paperwork to claim them. You can get in touch with the agency that sends property tax bills to find out who you need to speak with. Then, you can discover what you need to do to get any applicable disabled veteran exemptions added to your account. Once you have that information, you’ll want to get the exemption applied to your account as soon as possible.

    Information About Unemployment Benefits For Ssi And Ssdi Recipients

    Is VA Disability Compensation Counted When Applying for Food Stamps?

    Especially during the Covid-19 pandemic, many people in New York have been receiving unemployment benefits. A person is allowed to receive unemployment benefits and disability benefits at the same time. However, the Social Security Administration is allowed to consider a persons unemployment benefits when deciding whether or not that person is disabled. When a person receives unemployment benefits, the person is certifying he or she is ready, willing, and able to work. This certification could be considered as evidence that a person is not disabled. On the other hand, a person can qualify for disability benefits even though he or she is capable of performing some work, so receiving unemployment benefits would not automatically disqualify a person from receiving disability benefits.

    When a person is receiving disability benefits the Social Security Administration will periodically conduct a review of your condition to make sure you still qualify for disability benefits. If a person received unemployment benefits since the last review, that may be considered in a continuing disability review.

    Because unemployment benefits may impact a persons eligibility for disability benefits, it is wise to speak to an attorney if you plan on receiving both.

    If you receive Social Security Disability Insurance , unemployment benefits will not affect the amount of the SSDI payment, but, as stated above, it may be considered in determining whether you are disabled.

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    Consider Talking To A Lawyer

    If you applied for full-time jobs while you were collecting unemployment or you applied for jobs that were more demanding than your physical and mental limitations allow for, its best to talk about this with a disability lawyer, especially if you are thinking about amending your onset date to after you stopped collecting unemployment benefits.

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    How Much Does Unemployment Pay

    Most states offer about 26 weeks worth of unemployment benefits, but how your benefits are calculated varies. In Massachusetts, for example, unemployment benefits are 1/2 of your average weekly earnings. Your weekly unemployment benefits could range from a minimum of $98 to a maximum of $1,234.

    In other states, however, unemployment is not so generous. In Mississippi, recipients will get between just $30 and $235 per week, or 1/26 of their earnings in the highest quarter of your base period . In most states, the range is somewhere between $300 to $500 per week. To really get an idea of how much you could get on unemployment , youll need to contact your local unemployment office.

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    What Counts As Income For Child Support In Ohio

    This article is written by Virginia Cornwell, an Ohio Child Support Attorney and Ohio State Bar Association Certified Family Relations Specialist.

    People often want to know what counts as income according to the Ohio child support guidelines worksheet. There are a lot of myths bouncing around about what does and does not count as income. Ohio Revised Code 3119.01 gives the definition of gross income that the law requires your county Child Support Enforcement Agency or the Court to use when they figure out how much child support you will owe or receive. That statute says that the following things DO count as income for Ohio child support:

    • salaries
    • overtime pay, bonuses and commission

    If I Have Other Questions What Should I Do

    2021 VA Disability Compensation Rates and Table

    See a military legal assistance attorney or private attorney as soon as possible. Your lawyer can answer many questions and help you to make a fair and intelligent decision about your choices, options and alternatives.

    * * *The LEGAL EAGLE series of client handouts is prepared by Mark E. Sullivan , a family law attorney in Raleigh, N.C.

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    Disability Benefits Not Subject To Marital Property Division

    Disabled veterans receiving disability compensation or pension are often concerned about losing half of their disability benefits as part of the property division in a divorce. They needn’t be concerned about this. Under the Uniformed Services Former Spouses’ Protection Act, VA disability payments are exempt from being treated as marital property and cannot be divided as part of a divorce.

    What Do I Do After My Va Disability Benefits Are Applied For Child Support

    Do your research before to know what your options are with VA Disability Benefits and Child Support. If you feel that you are underrated VA Claims Insider has all the resources for you to process your claim promptly. VACI has a robust team of Veteran Coaches streamlining the process.

    VACI has all the tools necessary for you to file the claim medical documents scrutinized by our coaches and a team of licensed professionals. See you on the inside of the VA Claims Insider ELITE Program!

    Become an Insider

    Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating!

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