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

[mrsvet28]

You are saying that the VA "took out lots of money" and something about the NSC pension, but you don't say HOW MUCH money nor do you explain the "NSC pension" portion of your statement.

Surely you know how much money the VA took, and what they took it for?

And what does this Non-Service-Connected Pension have to do with this?

And, it most likely says, in your contract with the attorney(s) that, if the VA, for some reason, does NOT pay the attorney(s), that you will have to pay.

You need to be talking, with the attorney(s) and with the VA, and find out exactly what is going on.

We certainly don't know.

Larry,

First of all they do not specify how much they took out or for what/they only state MINUS ANY WITHOLDINGS/but there are no dollar amounts attached

I only know the difference by doing the math--

The NSC pension- they take it all back when you are service-connected ,

When I called the VA they told me when an appeal is in remand and then decided, the monies are deducted and they pay the attorney because they dont trust the veteran to do so-then he asked me to hold on while he spoke to his supervisor and she said THEY CANT HELP US ....so there

[mrsvet28]

There is a provision in law called the Equal Access to Juatice Act (EAJA). These allows attorneys to be paid by the government if the attorneys can prove they represented the prevailing party. The problem is that our government determines who has the prevailing party in suit. Furthermore, nearly always our government finds some reason to remand the case from the courts to BVA so that attorneys do not get paid under EAJA. I'm not sure why this happens but it appears that remanding a case to do additional work or gather additional evidence means that earlier court decisions or BVA decisions may not be final. Be very careful about paying your attorneys from your retroactive awards from V.A. because if your case got remanded you may not owe them anything from your proceeds. I suggest you carefully review the wording of the fee agreement you have with these attorneys and then consider whether the award granting you retroactive benefits came about because of a V.A. regional office, BVA, U.S. Court of Veterans Appeals, or Federal Circuit decision. I think you should also called VARO and talk to them about whether you owe money to your attorneys.

When I called (read my post to Larry)-they said they cant help me

[mrsvet28]

Yes, I have an opinion. Calmly show the attorney it was already deducted, and tell HIM HE needs to run down his money, that you are not licensed to act as a collection agency for the VA. If he persists in suing you, then show the judge the paperwork where the money was deducted, and explain to the judge you have no control over VA's inefficiency, that the attorney needs to collect from the VA. Dont pay the attorney again..this is the attorneys problem and he has more resources to fix it than you do. Dont be uncooperative, but then it is not your job to make sure the attorny gets paid, it is his job to make sure you get paid. Then, dont worry about it, consider it "problem solved".

Of course the attorny wants you to pay, then try to collect from the VA...dont do it. Then, you will need to hire another attorney to collect your money back from the VA.

My guess is that the attorney filled out some paperwork wrong..wrong address..etc. Its not your problem..you have enough problems. Or, maybe the glitch is solved and the

attorneys money is on the way. Either way..its not your problem. Dont let em

hornswaggle you into thinking it is. Attorneys are very good at collecting their money,

and tell your attorney that he is surely up to the challenge, that the money you have

received is already spoken for and committed. (Even if it is to be put into your bank account for future purchases! Its your money, now spend it the way you want!)

I TOTALLY AGREE !!!!!!!!!!!!!! I ALREADY DID ALL THE WORK TO WIN THIS CLAIM

AND THEY WENT TO 2 HEARINGS-AND I DID EVERYTHING ELSE!!!! :(

[Commander Bob]

So now the attys are saying they didnt get paid from the VA ........anybodys opinions ?

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

JMHO; If there has been a mistake, and the lawyer was not paid. Then you may receive a 'notice of overpayment" letter from the VA. and the overpayment could be deducted from your future monthly payments.

[mrsvet28]

Hello Mrs. Vet 28,

First I am glad to see that at least it appears you have some retro and an award coming, and I am only going to state a few things that I hope may give you some help with your claim problem.

1. I assume you have signed a contract with the lawyer and the fee continguency is outlined in the contract. I would certainly suggest reading carefully the contract on Contingent Fees so that you may see where you stand.

I will tell you that a contract is supported by law so you may still be responsible even if the VA does not pay the lawyer.

Ok ,,,,I am going to give you my contract agreement with my lawyer so you can see what mine is worded. I would read carefully how your contract is worded. I would also suggest to see if there are any expense clauses as I have an expense clause in my contract that holds me responsible for any travel expenses, out of pocket, long distance phone calls, postage, etc. in connection with representation.

Under my contract it says that in the event that a favorable result is achieved, and past-due benefits are eventually awarded to Client. Attorney is entitled to( and client agrees to pay) a fee of 20% of clients past due benefits. Client allows and gives consent for the RO or other appropriate VA department to withhold such amount from Clients past-due benefits and to issue payment directly to Attorney. Client agrees to inform Attorney as soon as practicable after he receives any lump sum payment of back benefits. In the event that Client is paid the entire amount directly by the VA for any reason(such as a clerical or computer error) without VA having withheld such 20% to Attorney within a reasonable time soon after Client receives the award.

I know that the VA guidelines on payment of legal fees is given, and that for the most part , my contract is similiar to what other attorneys contracts are written, I would still SUGGEST , reading carefully your contract and if not comfortable with the contract you may want to consider the advice of a contract law lawyer.

I personally do not want to have to keep worrying about how to fight the VA as I have been doing it for several years on my own and initially had the Disabled American Vets, representing me then after firing them because they did not know what was happening in my claim. This left me changing to Vietnam Veterans of America who did a good job , thanks to my VSO. After the VSO recommended I try to get an attorney because of the denials and he was retiring for health reasons, I was fortunate that my denials were under the June 21, 2007 guidelines/law for hiring an attorney, then I was fortunate to get a very capable VA attorney that is approved to practice VA law to represent me.

I personally think that a VA lawyer is the way to go. Remember that this is a fairly new law for Veterans as we were not allowed to have a lawyer until just recently , other than the COVA stage of a claim. I have no problem with my attorney being awarded the 20% of retro pay as stated by VA as I think and believe that the Veteran is up against the US Dept. of Justice. The lawyer is certainly entitled to make a living. The US Justice Dept. teams of trained lawyers will use whatever they can to deny the Veteran. So immediately I realized that little old veteran me, being untrained in fighting legally this beast called the VA, needed someone to takeon my COMPLICATED claim. I am too sick to continue fighting on my own , though most of the research and documents I still am active with my attorney to assist her and suppling for her. It is this client/attorney working relationship that I believe will prevail in my COMPLICATED claims. And that my attorney will be able to be paid from the backpay retro award and after all if I am happy with my attorneys handling of my claim then I sleep a little better knowing I am still in the bear hunt armed with more than a .22.

I hope you can work things out with your attorney and your contract. It seems from what I have read that your attorneys are still representing you in another pending claim at the VARO. I personally speaking would be somewhat distressed in looking for another attorney in midtream as you seem to be, and trying to get a new attorney debriefed about the particulars of a claim, may be timeconsuming and somewhat stressful.

If at all possible I would make sure that before you do anything , make sure that your are not in jeopardy of violating your contract with that attorney. I will say that it appears you have a favorable ruling/award which is what all of us want so that is a positive thing to remember. I know that this problem has a mutual agreement and it may take alot of calmness and professional advice to get you thru it so that you and your attorney will both win. Something FAIR to both sides.

In the end it once again shows how the VA is always trying to see how to defeat a Veteran. Even resorting to trying to cause trouble between the Veteran and his Attorney. How low can the VA get.......nothing surprises me anymore with the VA.

They are not ever to be trusted. I hope this helps and you can prevail in this but I would use some caution in proceeding. Let us know how this works out because alot of us that have attorneys may fact this same new tactic the VA is using to try and defeat us. God Bless, Merry Christmas, and remember.....NEVER GIVE UP. C.C.

Thanks for reply and your info about your contract:

Mine states:CONTINGENT FEE

Client agrees to pay a fee equal to 20 of the total amount of any past due benefits awarded on the basis of the Clients claim with the US Dept of Veterans Affairs

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 agress to pay said contingent fee directly to attorney in the event the VA fails to do so.

OTHER FEES;

Client authorizes attorney to pursue an award under the EAJA-client certifies that his net worth at the time of filing appeal to the Court is less than 2000000.00

Attorney agrees that he will discuss the filing of the EAJA petition w/ the client.

the client shall receive a credit toward the 20% fee in the amount of any EAJA fee awarded, if VA benefits are awarded on the basis of the same claim.If the in the opinion of the Attorney an EAJA petiton will not be successful,Attorney will advise the Client.

Client specifically authorizes Attorney to endorse his name on the EAJA check if an EAJA fee is awarded.Atty agress to provide client copy of the EAJA check and explain in writing the basis of the EAJA award.

SEVERABILITY CLAUSE;

IF ANY PART OF THIS CONTRACT IS HELD TO BE UNENFORCABLE CONTRARY TO LAW OR AGAINST PUBLIC POLICY BY A COURT OF COMPENTENT JURISDICTION OR ANY GOVERNMENTAL AGENCY ALL REMAINING PORTIONS OF THE CONTRACT WILL BE DEEMED VALID AND ENFORCABLE AND ONLY THAT PORTION OF THE CONTRACT WHICH IS INVALIDATED BY SUCH COURT OR GOVERMENTAL AGENCY SHALL NOT BE ENFORCED BY THE ATTORNEY.

[mrsvet28]

I am aware that if a lawyer represents a vet at CAVC-the VA must send the veteran a statement as to what the proposed legal fees are and the veteran can challenge the fee.

I would think this is the case for any lawyer representing the vet at BVA or RO etc.

I helped a veteran challenge an erroneous legal fee.

Did you get a letter stating 5 conditions that must be met for payment?

We were able to challenge much of the fee he was given by using these 5 points.

I posted the payment criteria here somewhere- will try to find it for you.

In this case both the VA and the lawyers were trying to collect for 2 CAVC cases he had-the first one he went pro bono.

Did you get any appeal rights or anything from VA as to if they are holding money in order to pay legal fees ? Or giving you time to appeal the amount?

Berta

back on Jan 15 09 I received a letter from the AMC that states:

The appeals management center is transferring your remanded appeal to your local VA regional office because of one or more of the following reasons:

You are represented by a private attorney or your appeal requires an attorney fee payment or review for reasonableness of attorneys fees

Then it says

the aforesaid issues fall under the VA regional offices jurisdiction. This means that your records are being transferred to your local VA regional office so they can reach a decision on your remanded appeal.

THIS LEADS ME TO THINK THEY DIDNT FOLLOW THE RIGHT PROCEDURES

and quite frankly they were very lax in returning my calls or giving me info.

Is this what you meant?