Those That Asked A Lawyer To Represent Them, How Long Did It Take For Them To Agree To Represent You?

[retiredat44]

Those that asked a lawyer to represent them, how Long did it take for them to agree to represent you?

First of all most people know my story. I wil try to make this short and simple, if possible.

I am rated at 50% from 1997.

I am sick and am trying ot get the full 100%.

I had a VSO for about 3 years, but decided to get a lawyer. (please no discussion on why.. that is in other threads..).

I Contacted a well know Disabled Veteran Lawyer Firm, and the first step is that they get approval, from the Vet to get a copy of your Claims file, to see if they want to represent you, for your case. They then will exam your case to see at what stage your appeal is in. ANd, or course, see if it is winable, and they can make money.

Back to my question, which is:

How long does it take for them to order copies of your C-File, and determine if they are willing ot represent your VA Disability Claim.

(I know thy can go look at the file, before ordering copies, just to get a quick look before they order copies).

I just wanted to know if anyone knows about how long it takes for them to say yes/no.... after they look at your file and determine to represent you.

Note: I did not ask them that question. I suspect it might depend on how complicated your case is to determine if they will. I have thoughts about it, but so far I have only had a VSO a couple times in 10 years. I have never hired a lawyer for my Vet claims yet. This will be my first time to get a lawyer.

I won SSDI with no lawyer, and also won one issue out of three disabled veteran issues without a real lawyer, during the last 18 years. (I currently am meeting deadlines for appeal isssues while these changes are in process). That is why I ask this question. I just wanted to know if anyone that has used a lawyer has an answer to my one question. If you have not used a lawyer for getting Veterans Disability than you will not know the answer.

BTW, only one week has passed since my intial contact and approval for the lawyer for access to my files. I know that parts of the process can take very long periods of time,,, I am just wondering about other Vet's experience with this issue.

Thank you.

Edited June 28, 2012 by retiredat44

[retiredat44]

I didn't notice I mis-wrote my question, and forgot to put the word 'long' in my question,, so I meant to ask, 'how long' did it take.. etc.. than you to RonP for pointing out that I screwed up asking the question properly..

[Berta]

Carlie is absolutely correct-

All an accredited Veterans lawyer usually needs, to assess whether they will take the case, and the case's potential- is any SOC and SSOCs the VA has sent to the claimant.

They would ask for any IMOs too at some point, but in this situation here,I do not feel VA will revisit the IMO they have already considered twice,if you take the time to go over all of retirdat44's years of posts here and his past SOC,partially posted in 2010 here.

I helped a vet's lawyer with his first CAVC case-he contacted me via hadit some years ago or maybe via NVLSP regarding an AO issue and we only needed 2 things from the veteran , the last SOC and the last SSOC the veteran received.(and the BVA decision which I found on line)

The lawyer was able to get a CAVC remand based on 2 errors we caught in the BVA decision;

It took us mere minutes to discuss the case when we had read the BVA decision and the denial letters from VA and he agreed with my assessment and the approach he could take.

He contacted me right away when the CAVC remand came down due to the 2 BVA errors and I was thrilled because this vet had much more leg work to do to support his claim and the remand opened the door for more of his evidence.

Also I interviewed many vets lawyers in the past 6 years for a past vets radio show.

In talking to them to set up the show's format we always discussed VAOLA and some cases they had (which are all on line)

and none of those cases involved the C file as evidence.

In many case however the medical records (not the C file) is what the lawyer needs if they take the case.In addition the C & P results and the denial letters.

In Retiredat44s situation, I fully believe any lawyer will definitely want the medical records regarding the gall bladder surgery

that , as his SOC posted here partially in 2010 stated , caused his necrotizing pancreatitis.

The VA said this condition was "secondary" to the ERCP procedure ,which is a nice way of saying,in my firm opinion, the condition was the result of the medical error that occurred during this procedure, since no 1151 issue was ever claimed.

Edited June 28, 2012 by Berta

[hurryupnwait]

My attorney accepted my case by simply reading a letter I sent him about my claim that took about two weeks from the time I sent the letter. He then ordered a copy of my c file which took 10 months for him to receive.

[deanbrt]

retired,

"It took 2 weeks to get an answer from B & Moore for me. I contacted them & faxed them a copy of

my decision. They called me 2 weeks later saying they thought I had a good chance to win on my

retro pay, but declined saying they already had a large caseload. (kind of sounds like they thought it

might be a long battle) They recommended I search for an attorney through NOVA.

I wish you luck,

Bob K "

You may have dodged a bullet. Without being too specific, there are firms that took on more cases than they could service and, in doing so, did not do the research needed to win the claim or appeal. Hoppy opened my eyes to what had not been done in my case. It is critical to rebut specifically what the rater had to say.

[deanbrt]

Everyone asks right away "do you have an IMO?"

[retiredat44]

a couple of items.. re: my claim and appeal:

I only pasted in a couple pages in this forum, the main few pages out of my IMO, when I did, it is thousands and thousands of pages, and I could not scan and paste them all way back then , when I did, just the part that said, the IMO was in my favor, I posted..

My surgery at the VA was to remove a 5 inch cyst on my pancreas, which in turn I ended up with necrotizing pancreas disease.. Splenic Vein thrombosis, (I also had Portal Vein thrombosis).

(I also had some lung procedures to remove water from my lung cavities..)...

back in 1993, Kaiser removed my gallbladder because of pain from intestinal disease.., but that didn't help.. I was still sick...

I then had to leave kaiser after several surgeries, including degenerative disc disease, and intestinal disease surgeries at Kaiser from 1988 - 1995.

I have been a VA patient under their care from 1997 until present.

I am under their care for neurology ( neurlogical diseases), Eye diseases, Intestinal disease, Degerenative disc disease, and under phsyciatric care for depression.

I have had permant disability on SSDI for depression since 1995.

I have not worked since 1995.

note: the IMO is in my claim and the lawyer will see my C-File....

The VA Hospital has all my medical records from all hsopitals... the VA has had my records since 1997.

note: the lawyer I spoke to asked if I had some type of doctors note saying I can't work. (I said no doctor ever gave me a nopte saying that, they just know I am to sick to care for myself or work. Whenever they released me to go home it was int he care of my wife.

Am I going to have to go to my primary care (or my Gastro doctor, or my head shrink, or my neuro doctor???..etc..etc...) and get some note for my lawyer? I guess my lawyer will tell me..

If the lawyer does become my lawyer..

I am awaiting word from the lawyer who is looking at my C-File..

===========

Carlie is absolutely correct-

All an accredited Veterans lawyer usually needs, to assess whether they will take the case, and the case's potential- is any SOC and SSOCs the VA has sent to the claimant.

They would ask for any IMOs too at some point, but in this situation here,I do not feel VA will revisit the IMO they have already considered twice,if you take the time to go over all of retirdat44's years of posts here and his past SOC,partially posted in 2010 here.

I helped a vet's lawyer with his first CAVC case-he contacted me via hadit some years ago or maybe via NVLSP regarding an AO issue and we only needed 2 things from the veteran , the last SOC and the last SSOC the veteran received.(and the BVA decision which I found on line)

The lawyer was able to get a CAVC remand based on 2 errors we caught in the BVA decision;

It took us mere minutes to discuss the case when we had read the BVA decision and the denial letters from VA and he agreed with my assessment and the approach he could take.

He contacted me right away when the CAVC remand came down due to the 2 BVA errors and I was thrilled because this vet had much more leg work to do to support his claim and the remand opened the door for more of his evidence.

Also I interviewed many vets lawyers in the past 6 years for a past vets radio show.

In talking to them to set up the show's format we always discussed VAOLA and some cases they had (which are all on line)

and none of those cases involved the C file as evidence.

In many case however the medical records (not the C file) is what the lawyer needs if they take the case.In addition the C & P results and the denial letters.

In Retiredat44s situation, I fully believe any lawyer will definitely want the medical records regarding the gall bladder surgery

that , as his SOC posted here partially in 2010 stated , caused his necrotizing pancreatitis.

The VA said this condition was "secondary" to the ERCP procedure ,which is a nice way of saying,in my firm opinion, the condition was the result of the medical error that occurred during this procedure, since no 1151 issue was ever claimed.