A Lay Person Claims To Be Vets Advocate

[halos2]

Not looking at this morally or ethically is this legal for someone to do this? Apparently calls self "advocate" not a VSO and is versed in the claims process and appeal process. Don't know this person, and someone asked if he can legally do this? Don't know if he is a vet or not either. He has assisted a few vets and they give him a small fee for his work.

Is this legal? He does not set a fee, just does some minimum wage amount. These vets were not complaining, but were so glad to get someone to help them. I don't know if this is a side business or what either. Is there such a business someone could be doing this if not a lawyer?

I know there are volunteer VSO's and paid VSO's for agency's but is it possible for someone to do this or take the VSO training and open a legit business?

I just didn't know how to answer these questions, as I never heard of anyone doing this before?? Answers appreciated to pass on to these guys. Thanks.

[Philip Rogers]

Barring any law against it, that I'm unaware of, I don't see why not. SSDI advocates need not be attorneys, so I don't see why a non-professional couldn't do it. I believe Allsup is not attorneys. jmo Lets see what others say.

pr

Not looking at this morally or ethically is this legal for someone to do this? Apparently calls self "advocate" not a VSO and is versed in the claims process and appeal process. Don't know this person, and someone asked if he can legally do this? Don't know if he is a vet or not either. He has assisted a few vets and they give him a small fee for his work.

Is this legal? He does not set a fee, just does some minimum wage amount. These vets were not complaining, but were so glad to get someone to help them. I don't know if this is a side business or what either. Is there such a business someone could be doing this if not a lawyer?

I know there are volunteer VSO's and paid VSO's for agency's but is it possible for someone to do this or take the VSO training and open a legit business?

I just didn't know how to answer these questions, as I never heard of anyone doing this before?? Answers appreciated to pass on to these guys. Thanks.

[Tbird]

I know folks who do this, as far as I know it is not illegal, but other's with experience should chime in.

[Chuck75]

An "off the cuff" take on this is that the person claiming to be an "advocate" and providing service for a fee is in a gray area.

The services may be at a level well below that of a trained VSO, etc. , and mainly clerical in nature and substance.

The ancient "scribe" occupation comes to mind. When I was (long ago and far away) in Japan, scribes were still used by the Japanese, for more than one reason. (Beyond scope of this forum)

Anyway, such a person might be sued, if a claim they "processed" was denied. How successful such a suit might be is open to question.

There would be little or no "legal protection" from such a suit, since the person is operating independently, and not under the umbrella of a legal firm or government employment, and likely has no recognized training.

At the same time, just taking down the veteran's complaint/claim, organizing (indexing) records, and so forth is hardly rocket science.

I really have no problem with having someone do such a thing, and get paid a reasonable amount to compensate for the time and effort..

Many veterans (and others, for that matter) do not have the organizational skills, or the attention to detail needed, and thus need help.

Edited November 9, 2010 by Chuck75

[Tbird]

I would think to be on the safe side I would write up a letter stating specifically what services you will be providing the veteran and that in no way should be construed as legal advice, blah, blah and then take it to the veterans bank where they usually have a free notary. Copy for the veteran, copy for the file. I don't think anything needs to be said about any financial arrangement you may have made with the veteran as that may very well change during the course of the claim and in the end who knows. I would do the letter to protect myself legally, I may even consult an attorney to give me a bullet proof letter for my veterans to sign.

I have paid folks to come in and organize my files, fill out paperwork, take me to appointments it was my choice, it's just the help I needed and thankfully I could afford it.

[halos2]

I think the responses here puts me a little more at ease I guess...he is not trying to rip them off but does spend hours working on their claims as they said. One person said he took a basic training correspondence course in veterans benefits and got award certification. Tbird I think I will ask these people if they signed any particular type of contract( I highly doubted as they are older folks).Philip Rogers, and Chuck75 thanks for your imput too!

Just seems like the govt try's to "get" people somehow for something I didn't want to see anyone get in legal trouble...even though as you all say it is just helping the unfortunate as there are not enough VSO's out there and this person just calls himself a Vets Advocate.

I also pay people to help me clean sometimes, and like you guys said we are basically paying for assistance or a service. Thanks all for your impute, I will forward this on.

[Dak To II ATC]

My wife has for years been an administrator in adult education which includes English as a Second Language for immigrants . There are many "advocates" claiming to help their paisans for a fee doing things that are free except a little daunting to the uninitiated. Often these advocates were bottom feeders who had a minimal knowledge of the forms and procedures. Some of them were outright frauds.

I have always had a bias against paying for something that should be free and accessible.

That said, if the VA was more consistent across the landscape and we could trust their qualifications, skills and sincere commitment to us instead of sometimes exhibiting all those habits and traits we have seen in some civil servants I would say stay away from self-styled advocates on general principle. Unfortunately many of us are standing in the middle with a road map written in some obscure dialect and weeping silently because we shouldn't be so damn lost and confused.

If this particular advocate has a track record, is literate and knowledgeable and returns your calls I would at least listen and hope but keep copies of all my own files.

My own experience relied on an all to rare VSO who had the straight scoop and really did help me out. I also relied on the DAV..

If you have doubts there is always Hadit.com and its long list of kibitzers as your backup.

With VONAPP and the new agent orange online applications we shouldn't have so much trouble but it still doesn't hurt to have a buddy as a backup. I would rather pick up the check occasionally for a table full of veterans than pay someone for a free service but, for you, that depends on whether you have a table full of veterans you can hang with.

Remember how many self-styled mortgage experts have left people homeless as a warning.

Take heart, we've got your back.