ptsd Where Did The Deducted Monies Go?

[mrsvet28]

So now the attys are saying they didnt get paid from the VA and want us to mail then 20 of the net- after the VAtook out lots of $$ -the NSC pension) so if they didnt pay them-where is the unaccountable money? Called Congressmansaide in DC have her looking into it -

Yet we still have another appeal that isnt settled yet-it should be done soon it was for HBP related PTSD/and the doc said yes-and sent everything back to the RO

The attys are POA for that issue as well-even though they dont realize this I guess :(

so I am thinking they are holding theirs until this issue is done and they will give them all of it at once-and why have they waited a month to call me?

It says right in the contract the VA is to pay them directly...

They think I just fell outta the sky I guess.....................anybodys opinions ?

There is no breakdown of what money they took just the monthly entitlement amountsby the years..Thanks Mrsvet :D

[broncovet]

I am emphasizing what u said your contract said:

It is understood that this contingent fee is to be paid by the VA directly to the Attorney from any past due benefits. The contract does not say you have to guarntee payment by the VA, rather the VA pays the attorney directly. Of course, the attorney would like you to think that you are guarnteeing the VA pays you, but remember this is a contingency payment...which doesnt pay all the time, it is "to be paid by the VA directly" and makes no mention of you paying it if the VA wont.

Repeat..dont pay the lawyer..let him collect it from the VA, and point out this clause to him/her.

REPEAT: It is not your responsibility what the VA does/ does not do. It is in the lawyer's best interest to insure the payment goes directly to him, this keeps some people from spending the money. There are other options for the attorny to receive payment..he elected this one, so he needs to make it happen, not you.

Edited December 12, 2009 by broncovet

[Capt.]

Hello Mrs. Vet28,

From what you posted your contigent fee is fairly standard to mine. It is the OTHER FEES that doesn't look like its to your benefit and may open you for some type of liability. Enforceable part looks like its making you liable no matter what the VA does and this should be a concern. If it was me I would see first if the EAJG was paid and exactly what is the VA doing? There has to be some kind of record somewhere of a payment or why there was none. Berta brings up another point. Is this in some kind of remand or appeal process. At any event the VA looks like they are using a new trick for causing trouble, now between the Veterans Attorney and the VA. What is that old saying ,,,,nobody wins but the lawyers. I would contact a contract lawyer to see just where you stand legally and then possibly contacting your Senator or Congressman to at least make the VA talk to you about this payment situation. The Veteran has to know why there was no payment or was there a payment, who did or did not get paid and what is your current status, so that you can go to the next step in this process. From what you posted you got a letter from the VA saying it is going back to Regional Office so I would concentrate my efforts there to find out what is the status and what they have done. I agree with you about doing all the work, but unfortunately the Veteran has to supply the lawyer with most of the paperwork and arrange it so the lawyer can present it. I also have done most of the work in bringing my claim to present. It sounds like your lawyer is not doing its fudiciary responsibility to you as well and this could open up another can of worms. I know that you want to be treated fairly and so should your lawyer and both partys need to be recompensed from any award. There has to be a solution to this that is fair and it may take the efforts of another lawyer and your elected officials. Maybe even the Office of the Inspector General needs to help if that is possible. You the veteran have your rights also and these should be first. Please keep us informed because there are other Veterans here as myself that may soon be facing this very same problem and your outcome will affect possibly me and others waiting on the VA to legally award the claim and the retro as specified by law. God Bless, Merry Christmas, NEVER GIVE UP. C.C.

[LarryJ]

I am emphasizing what u said your contract said:

It is understood that this contingent fee is to be paid by the VA directly to the Attorney from any past due benefits. The contract does not say you have to guarntee payment by the VA, rather the VA pays the attorney directly. Of course, the attorney would like you to think that you are guarnteeing the VA pays you, but remember this is a contingency payment...which doesnt pay all the time, it is "to be paid by the VA directly" and makes no mention of you paying it if the VA wont.

Repeat..dont pay the lawyer..let him collect it from the VA, and point out this clause to him/her.

REPEAT: It is not your responsibility what the VA does/ does not do. It is in the lawyer's best interest to insure the payment goes directly to him, this keeps some people from spending the money. There are other options for the attorny to receive payment..he elected this one, so he needs to make it happen, not you.

Bronco,

Bad advice.

She states that this is what their contract reads:

"It is understood that this contingent fee is to be paid by the VA directly to the Attorney from any past due benefits awarded on the basis of the clients claim. However client remains liable for the amount of the contingent fee of 20 percent of any past due benefits awarded on the basis of the clients claim until and unless the fee is paid to the attorney by the VA and client agrees to pay said contingent fee directly to attorney in the event the VA fails to do so."

What is common in some practices, if for the client (you) to pay the contingent 20% to the attorney upon you being awarded the claim, and until the VA pays. WHEN and IF the VA pays the attorney, then the attorney will reimburse the client (you) the 20% that you paid the attorney upon the awarding of the claim.

I know, I know, but, that's the way the contract in this (and in MOST CASES) is worded.

Hey, don't knock it. You certainly can't go down and buy a new Caddy and take it home without FIRST having paid for it, right?

[deltaj]

There is a rather interesting case that was recently issued by the U.S. Court of Appeals for the Federal Circuit. The case is found as www.cafc.uscourts.gov. After opening that link look for the abbreviation CAVC (which stands for Court of Appeals for Veterans Claims). The case is 2009-7015 Francis M. Jackson v. Eric Shinseki. I am not saying the facts stated in this case are applicable to yours but it may help you understand the enforcability of fee agreements with veteran's attorneys better.

[mrsvet28]

Hello Mrs. Vet28,

From what you posted your contigent fee is fairly standard to mine. It is the OTHER FEES that doesn't look like its to your benefit and may open you for some type of liability. Enforceable part looks like its making you liable no matter what the VA does and this should be a concern. If it was me I would see first if the EAJG was paid and exactly what is the VA doing? There has to be some kind of record somewhere of a payment or why there was none. Berta brings up another point. Is this in some kind of remand or appeal process. At any event the VA looks like they are using a new trick for causing trouble, now between the Veterans Attorney and the VA. What is that old saying ,,,,nobody wins but the lawyers. I would contact a contract lawyer to see just where you stand legally and then possibly contacting your Senator or Congressman to at least make the VA talk to you about this payment situation. The Veteran has to know why there was no payment or was there a payment, who did or did not get paid and what is your current status, so that you can go to the next step in this process. From what you posted you got a letter from the VA saying it is going back to Regional Office so I would concentrate my efforts there to find out what is the status and what they have done. I agree with you about doing all the work, but unfortunately the Veteran has to supply the lawyer with most of the paperwork and arrange it so the lawyer can present it. I also have done most of the work in bringing my claim to present. It sounds like your lawyer is not doing its fudiciary responsibility to you as well and this could open up another can of worms. I know that you want to be treated fairly and so should your lawyer and both partys need to be recompensed from any award. There has to be a solution to this that is fair and it may take the efforts of another lawyer and your elected officials. Maybe even the Office of the Inspector General needs to help if that is possible. You the veteran have your rights also and these should be first. Please keep us informed because there are other Veterans here as myself that may soon be facing this very same problem and your outcome will affect possibly me and others waiting on the VA to legally award the claim and the retro as specified by law. God Bless, Merry Christmas, NEVER GIVE UP. C.C.

I will absolutely keep you informed as well-

Yes there is another appeal open which will most certainly go through-so we got the retro-a month ago-used it wisely and banked the rest

and the attys called the other day to see if we got the money-they have a cc attached to the decision so they knew that

I am thinking they are getting 20 of both appeals and that is whats happening

I have my person w Congressmans office in DC working on it am faxing what she needs today-she will get to the bottom of it I'm sure

they just need to produce what money was deducted from the retro

I'm doing my Math -once again my 8 ft table is full of VA Papers!!!!

Thanks Mrsvet

[Berta]

Mrs.Vet

I meant if the VA sent you a letter with appellate rights if you questioned the fees-

but with a contract -you are bound by whatever the contract says.

I had a lawyer for 3 weeks for my CUE claims. But they didn't want me to date the agreement when I signed it.say what?

They were looking at my other claim's potential retro and the potential as well for a faster award than on the CUE claims.

No way I would have signed that agreement.

Contracts have to be carefully read before being signed. The 20 % is a usual fee.

But when in doubt it might pay to ask a contract attorney what exactly the lawyer can charge you for - depending on the contract you signed.