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sevensees

Have Had Attorney Less Than Two Months, Owe Fees?

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Hello,

At the suggestion of many users here (especially Berta), we hired an attorney for my father's claim less than two months ago.

He's been fighting for 10 years on this claim. He filed in 2005 and was rated 50% major depression and anxiety in 2012. He had a c&p exam today for his appeal and after speaking to the examiner alone afterward about his condition and other doctors declaring him permanently disabled, she said "Trust me, you should be fine".

If that means he might get a much higher rating soon and "possibly" a very large back pay for 10 years, us he required to pay the new attorney 20% of the back pay for 10 years when they had absolutely no bearing "yet" on his case?

They filed a new claim for headaches, but

He hasn't had any motion from the VA on that yet. I do t think they have even received the C-file yet.

There is no problem in paying someone money that they have earned and helped to achieve, but if this goes through as is, they had no bearing. I'm sure we should pay them something for filing this new headache claim since they did that, but not 20% of 10 years they had nothing to do with. Obviously if this doesn't go well and the VA doesn't increase for some reason and they fight to help us win it's a different story.

Does anyone have any advice or suggestions on this? Thank you very much!

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sevensees

Did you both (you and the attorney) have a misunderstanding about your agreement or contract with the lawyer? I've dealt with a couple of slimy attorneys, a couple of times in my life? It sounds like your attorney wants a piece of "all" of your VA claims--old and new? However, if you did not specify the limitations on what he is representing you on/for, you could very well be on tap for everything and to give him a percentage for "all" of your contentions that he can get back-pay on? The other thing they do, is put in a "bail-out" clause of your agreement in which they can charge you 2 to 3 hundred dollars and hour for work they do on your behalf if you leave them before you get a final outcome on you VA claim. This also includes incidental charges that can turn into significant extra money? Frankly, they are not all bad and there are some good ones but you need to understand what "authority" fully that you give them..otherwise the relationship can be very costly to you..over and above the normal rates for a Vet....goodluck...rootbeer22..

Edited by rootbeer22

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I have tried to help many Vets that were in this same boat, and ultimately most of them had to pay the 20% overall regardless of what the Lawyer did or did not do, as that is what the Contract or Agreement stated. In the end if your father gets what he has been fighting for, does it really matter. My twin brother just got his SSDI and by the time the Ex and the Lawyers get their money, there wont be enough retro left for a bowl of rice, but guess what, Now he gets a Check and Benefits for the rest of his life, so the rest is Water under the Bridge. Good luck and God Bless!!!

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The usual appeal based agreement covers the period and issues involved in the appeal. The 20% is 20% of the resultant retro pay

won as a result of the appeal. The VA rules also allow incidental expenses. EAJA also has various rules that may be involved.

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GIVE UNTO CEASAR WHAT IS CEASARS AND GIVE UNTO GOD WHAT IS GODS.

If a person works for you they should be compensated .. if you made an aggreement, honor it.

Edited by 63SIERRA

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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