an accredited attorney/agent properly filed a valid direct pay fee agreement per the provisions of 38 CFR 14.63 in the above cited case. The fee agreement shows that the claimant and attorney/agent request that the Department of Veteran Affairs pay 20% of the claimants award og past due benefits directly to the attorney/agent.
The amount of past dyue benefits, which is computed from the effective date of the award through the date of decision, is $91,951.37. The amount withheld for fees is $12,390.27 which is 20 percent of past due benefits.
Per 38 USC 5904 fees may not be charged, allowed, or paid with respect to services of agents and attorneys before the date on which the notice of disagreement is filed with respect to the case.
What we decided and why
In this case, the NOD was filed on November 7, 2014 and all of the requirements for direct payment of fees have been met. As a result, we will pay the attorney or agent a fee in the amount of $12,390.27. Per the provisions of 38 USC 5904, an assessment in the amount of $100 will be deducted from the fees.
that is verbatim per award letter. im a little confused because 20% of 91k whould be around 18k so why is it 12k? The math just doesnt add up to me or maybe im thinking of all this the wrong way i dont know? and also the last i spoke with my attorney she said the va will send me allt he money and i will pay the firm directly but now va is saying that they are paying the attorney directly at 20% so what gives? and by the way the fee agreement i had with my attorney was 33% so does that mean i cover the remaining 13%?
Question
seventy5th
Summary of the Case
an accredited attorney/agent properly filed a valid direct pay fee agreement per the provisions of 38 CFR 14.63 in the above cited case. The fee agreement shows that the claimant and attorney/agent request that the Department of Veteran Affairs pay 20% of the claimants award og past due benefits directly to the attorney/agent.
The amount of past dyue benefits, which is computed from the effective date of the award through the date of decision, is $91,951.37. The amount withheld for fees is $12,390.27 which is 20 percent of past due benefits.
Per 38 USC 5904 fees may not be charged, allowed, or paid with respect to services of agents and attorneys before the date on which the notice of disagreement is filed with respect to the case.
What we decided and why
In this case, the NOD was filed on November 7, 2014 and all of the requirements for direct payment of fees have been met. As a result, we will pay the attorney or agent a fee in the amount of $12,390.27. Per the provisions of 38 USC 5904, an assessment in the amount of $100 will be deducted from the fees.
that is verbatim per award letter. im a little confused because 20% of 91k whould be around 18k so why is it 12k? The math just doesnt add up to me or maybe im thinking of all this the wrong way i dont know? and also the last i spoke with my attorney she said the va will send me allt he money and i will pay the firm directly but now va is saying that they are paying the attorney directly at 20% so what gives? and by the way the fee agreement i had with my attorney was 33% so does that mean i cover the remaining 13%?
Link to comment
Share on other sites
Top Posters For This Question
4
3
3
2
Popular Days
Feb 24
14
May 15
3
May 16
2
Nov 5
1
Top Posters For This Question
marine0816 4 posts
ArNG11 3 posts
seventy5th 3 posts
broncovet 2 posts
Popular Days
Feb 24 2015
14 posts
May 15 2015
3 posts
May 16 2015
2 posts
Nov 5 2018
1 post
Popular Posts
marine0816
(f) Presumptions. Fees which do not exceed 20 percent of any past-due benefits awarded as defined in paragraph (h)(3) of this section shall be presumed to be reasonable. Fees which exceed 331/3 percen
broncovet
The most likely reason is this: Your attorney probably collected EAJA fees from VA. You may have gotten a remand, and he probably asked the court for fees, and you may not have even known this.
19 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now