Calvin Murphy Battles to Protect Veteran's Disability Compensation from Third Party Awards
Bear Lake, Michigan resident, Vietnam veteran Calvin Murphy returns to court, fighting to keep Veterans Administration disability benefits, as well as Social Security disability, from ex-wife.
First appearing before Michigan's 19th Judicial Circuit Court Judge, James Batzer, in case No. 05-012089-DO, veteran Murphy, who is 100% disabled, feeling strongly that he is standing up for the protection and compensation earned by fellow veterans, a contempt charge resulted in his serving jail time, Feb. 13th, 2006, for failure to comply with a court order.
Since then, due to the efforts of veterans groups, as well as others, having come to the aid and support of disabled veterans, Calvin Murphy has been able to force the court to re-visit his claim, that the law, 38 USC 5301, administered by the Secretary of Veterans Affairs, protects his VA disability compensation. “Non-assignability and exempt status of benefits. ...shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever..." This same wording is also found in Michigan's, Korean Veterans' Military Pay Fund Act of 1955, and Vietnam Veteran era Bonus Act
In fairness, Judge Batzer has decided to make a final ruling based on
Sparks v Sparks, 440 Mich 141, 151; 485 NW2d 893 (1992). Ruling is scheduled for Thursday August 30th at 10:00am, at the Manistee County Courthouse, 415 Third St., Manistee, Michigan.
The divorce rate among veterans now returning from Iraq, Afghanistan, and Walter Reed is now higher than it has been in our military. Our young warriors earned their disability benefits. A decision by Judge Batzer, August 30th will set a precedent for the future support of Michigan’s veterans.