Now Lawyers Are Trying To Take Us To Court!

[mrsvet28]

Here I am writing for opinions on this: WE won our claim after 12 years pretty much by myself writing letters to Senators and Congressman we had hired a lawyer previous to our DRO hearing who worked for the current ones who are trying to take us to court in a month: Here is a brief sceneario--

We signed a fee agreement they said they couldnt represent us without it

Now they state"they thought we were their friends and never filed the fee agreement" ? "the VA says they never filed the fee agreement/ and then:

I got a letter from the AMC -before the claim was resolved a year and half ago-saying( they )were asking for payment-I said payment for what nothing is closed

They never answered me if they filed for the EAJA

They specified "all monies recovered" and didnt even know how much was due to us in the retro

I asked for an audit from the VA and they should have I think

There is still monies unaccounted for and nothing matches in totals

there is much more to this complicated matter

Now they hired a lawyer to collect from us- we were just enjoying our retirement home-

I am prepared to take them on-

Is this a matter between the VA and them? and why do I have to collect for them

Can they garnish our monthly until the VA pays them ?

all replies welcome Thanks Mrsvet

[Pete53]

Sometimes a fight is not a good thing for us. I would call them out and tell them that unless they back down you will take all legal means necessary to defend and that includes providing VA with the evidence that they are way off the reservation. If they have any connection with Veteran Lawyers Organization I would report them and also consider the State Bar where they are licensed.

But its really your deal but a fight like this can really make things difficult

Good Luck

[mrsvet28]

Sometimes a fight is not a good thing for us. I would call them out and tell them that unless they back down you will take all legal means necessary to defend and that includes providing VA with the evidence that they are way off the reservation. If they have any connection with Veteran Lawyers Organization I would report them and also consider the State Bar where they are licensed.

But its really your deal but a fight like this can really make things difficult

Good Luck

I felt okay about some amicable payment until they recovered the EAJA fees-but they flat out went behind our backs with no letter from them and cancelled the hypertension due to PTSD-which strongly effected my future. I am waiting for a letter from the VA as to who did this without our knowledge-and second they cannot collect the EAJA fees until a decision is final- they only waited a 5 days - after we received the retro and cancelled the second pending appeal -they are very large office here -but I cant find anywhere that the have VA Law credentials-so wouldnt that make them an advocate? From the time we hired them for the DRO hearing in 07-they only recovered

60gs and for that they want half technically speaking-however if they then were an advocate a donation would suffice--------Thanks for your reply-Will keep you updated here. Take Care and enjoy the Spring MrsVet- :)

[JR Reihs]

Well this new "move" by the lawyers really blew my mind!

I called the VA to see what the status was of the second appeal which is hypertension secondary to PTSD-it was remanded back for a further CP exam-that was completed on Dec2 09-it was favorable by the doc-as I have a copy- lt would effect the future benefits to myself- if MRVet demized of this /I would still be able to receive his benefits/ are u ready for this????????????

THE VA SAID THE APPEAL WAS WITHDRAWN ON DEC 22 09/ AND WE HAD NOT WITHDRAWN IT/ NOR DID THE ATTYS OFFICE EVER TELL US ABOUT IT

WE DO NOT HAVE A LETTER FROM THEM-AND HAVENT EVEN SEEM THEM SINCE THE BVA HEARING SINCE SEPT 09!!!!

I CONTESTED IT OVER PHONE-AS WELL AS CERTIFIED LETTER-

SO I BELIEVE THIS WAS A "MOVE" BY THEM TO COLLECT THE EAJA-SINCE BOTH APPEALS WERENT FINAL-

TODAY I'M SENDING A CERTIFIED LETTER TO THE GENERAL COUNSEL TO REPORT THEM---

THEY WANT TO GO TO LOCAL COURT FOR THEIR FEES/BUT THEY TOTALLY BREACHED THEIR CONTRACT(WHICH THEY CLAIM THEY NEVER SUBMIITED)-

IF I CONTESTED THIS-DO I HAVE TO START ALL OVER?-IT WOULD HAVE BEEN DECIDED BY NOW

I AM TOTALLY SEEING RED OVER THIS---- ANY INPUT FROM YOU GUYS OUT THERE

THANKS MRSVET

I think by this post, You realy need to see another VA lawyer and get this worked out. This does not smell right, but trying to do this yourself might not be in your best interest.

[mrsvet28]

I think by this post, You realy need to see another VA lawyer and get this worked out. This does not smell right, but trying to do this yourself might not be in your best interest.

Why?? I handed them a claim after 10 years that I did-and only got them for the DRO hearing and a BVA hearing-

In the contract it says when all appeals are final-and then somebody cancelled the 2nd one-behind our backs

[mrsvet28]

I felt okay about some amicable payment until they recovered the EAJA fees-but they flat out went behind our backs with no letter from them and cancelled the hypertension due to PTSD-which strongly effected my future. I am waiting for a letter from the VA as to who did this without our knowledge-and second they cannot collect the EAJA fees until a decision is final- they only waited a 5 days - after we received the retro and cancelled the second pending appeal -they are very large office here -but I cant find anywhere that the have VA Law credentials-so wouldnt that make them an advocate? From the time we hired them for the DRO hearing in 07-they only recovered

60gs and for that they want half technically speaking-however if they then were an advocate a donation would suffice--------Thanks for your reply-Will keep you updated here. Take Care and enjoy the Spring MrsVet-

Will the OGC be helpful? And if this is a VA matter-how can a civil court be involved?

[JR Reihs]

Why?? I handed them a claim after 10 years that I did-and only got them for the DRO hearing and a BVA hearing-

In the contract it says when all appeals are final-and then somebody cancelled the 2nd one-behind our backs

This, along with the Fact they have filed a Civil action, it is possible you have recourse.I do not know if the OGC will help, it would seem to be their job , but you know how that crow fly's.

I just think that you should at least speak to a very good Vet Lawyer before this gets out of hand.