Va Denied Power Of Attorney

[11cvolley]

Someone I know retained a lawyer. She told me that the VA denied the request for her lawyer because the DAV is her current power of attorney. She got her award letter in the mail today and the total amount of back pay in her checking account. Does she still have to pay the attorney the 30%?

[63SIERRA]

did the lawyer do any work on the claim, because I bet the VSO didnt do much. Id send the VSO a bill and the lawyer a check.

[eagle1012004]

If the Attorney was retained by you and did the work on the claim...then "YES", they should be paid. My only question is, the VA considers 20% of any retro to be appropriate payment. Does your friend have a separate agreement with the lawyer for a higher amount? If so, and they did the work, then pay what you agreed to. Everything I have read though on this site and the VA site is: 20% of retro award is the normal payment.

If anyone has any different info on this then please correct what I have said.

Best wishes to you for a speedy decision, and good health!!

[eagle1012004]

I also agree with 63SIERRA, that other than lip service the VSO probably didn't do much for you or your claim. Send the lawyer a check!!

[11cvolley]

did the lawyer do any work on the claim, because I bet the VSO didnt do much. Id send the VSO a bill and the lawyer a check.

I don't know what kind of work the lawyer could have done since they never got access to her files. Her story is very similar to mine. She retained a lawyer after being denied an increase, but the VA went back from starting the BVA process and granted her TDIU based on a CUE I think.

[hmcquade]

Here is what an attorney told me, I posted it on the site a few weeks ago. If I sign a contact with the Attorney to represent me, and the Attorney wins my case, the Attorney gets 20% of whatever I get. If I fire the Attorney at anytime during the claim process the Attorney was entitled to $350.00 an hour for all work done up to when I terminated the contact.

I have not hired an Attorney yet, my SO was/is the DAV in Detroit, not happy with how they have been helping me.

Good luck to your friend, have your friend post her story.

Hugh

[Philip Rogers]

If the VA denied the atty the POA and (s)he was unable to access her c-file, she should not have to pay him. Also, 30% for VA probably isn't allowed, which is why the VA may have denied the atty the POA. jmo

pr