Attorney Fees

[broncovet]

I think there is a lot of misinformation out there about attorney fees, and it sometimes causes Vets to make bad choices.

The most important thing for you to know is that you may have little or no attorney fees because:  

1.  He does not win for you, that is, gets you 0 retro.

2. Even if you win, His fee may be paid by the EAJA if the judges decide that VA was "substantially unjustified" in its position against you.  This "bar" is pretty low.  If the judge agrees you win, then you almost always get EAJA fees, and those may/may not be enough to cover your attorney fees.   You may have to pay fees to the extent that EAJA fees do not cover them all.  

3.  You may get a Pro Bono attorney, where there is no fee to you.  MANY attorney's represent Vets at the CAVC level ONLY for EAJA fees, this means it cost you zero.  

 

In every case, I would recommend a NOVA attorney.  You can find a list of Nova Attorney's here:

You need to understand there are more Veterans needing representation than there are lawyers who are trained in Veterans law to help them.  

https://vetadvocates.org/welcome/find-an-attorney/

If you have hired an attorney to represent you at CAVC:

1.  The CAVC will need to approve payment to your attorney.  Any EAJA fees received by the attorney will be deducted from his fee.  The attorney provides the number of hours he worked on your case, and the CAVC will decide if those attorney fees are reasonable, and reflect the prevailing hourly rate for attornies in the area.  

2.  It may be a bit different if you win at the BVA (represented by an attorney), so if someone has paid attorney fees at the BVA level, please chime in.  

MOstly, the CAVC, generally,  allows attorney fees up to 20% of the retro (minus any EAJA fees received) as "reasonable".   Its much harder for the attorney to get 33%.  To get 33 percent the attorney would have to 

1.  Show the court a fee agreement where you agreed to pay that much.  

2.  Demonstrate the fees are not excessive, and that he has put in work sufficient to justify it at prevailing hourly rates for that area.  

3.  Show the court that he did not "double dip" with EAJA fees, that is, any EAJA fees would be deducted from the agreed upon fee arangement.   

[Papa]

When I decided that a Lawyer was the way for me to go, and did my research I selected one. We agreed on the 20% of retro. I had no problem with that. Then I found myself doing most of the research.  They sent me a copy of the only letter that they sent to the VA. A fourth grader could write better.  Well I did win my claim and expected that the 20% would be withheld. I was mistaken. In my package they did withhold the 20%, but would not pay the Lawyers because the VA said they did not earn it. The Law firm appealed, but lost, 9 months later I got the 20% in my account.

PAPA

[broncovet]

Interesting, Papa.  Was this an appeal at the BVA or CAVC?  

[TexasMarine]

Once I was denied the first time, at the BVA, I knew that I needed help.  I wasn't sure what to do.  (at the time I did not know about Hadit.)  But soon, I received a bunch of literature in the mail from Lawyers wanting to represent me at the CAVC.

After talking with a few of them, I hired Bergmann & Moore out of Bethesda, MD.  At the time I lived in Nevada, but I figured that a firm located closer to the action (CAVC/BVA), would serve me better than a local lawyer could.  I have since moved from Nevada, to OK, KS, and 3 times in TX.

I selected them for a variety of other reasons as well, but mind you, their fee is 30% of any retro payment I was to receive if they won.  I would owe nothing if they did not win.  While this rate/fee seemed high (as opposed to 20% for other lawyers), B&M gave me the impression that they had "been there and done that" (so to speak).

They would recoup their fee from the CAVC for services rendered there.  They represented me at the CAVC for no charge to me twice!  Not only did they represent me, they collected all the necessary documentation, they prepared my case, they were successful.  They did that while they picked up the tab for staff,  phone, mail, filing fees (if any), all while maintaining a member of their staff ready to help me and answer ALL my questions.  They got their pay from the CAVC.

After their wins at the CAVC, they continued their great service while building my case for the BVA.  I needed a "superpower" IMO.  They paid for it.  I needed bi-weekly updates.  No problem.  When anything happened on my case, I was informed, in a timely manner.  When they needed a signature from me, they Fedexed it with a return FedEx envelope, postage paid.

Their people are confident, capable, intelligent, and polite.  Their leadership is outstanding.  When I felt I needed to talk to one of them, my call was immediately taken by them.

I don't mind paying 33% of any retro because without them I'd have $0.  You pay better money to be treated better, to be reassured, to set high expectations, but most of all, to get the job done.

With Bergmann & Moore you get all that, plus a whole lot more.

[RUREADY]

I don't mind paying 33% of any retro because without them I'd have $0. 

if you are paying that much, get someone else. jmho

[RUREADY]

7 hours ago, broncovet said:

I think there is a lot of misinformation out there about attorney fees, and it sometimes causes Vets to make bad choices.

The most important thing for you to know is that you may have little or no attorney fees because:  

1.  He does not win for you, that is, gets you 0 retro.

2. Even if you win, His fee may be paid by the EAJA if the judges decide that VA was "substantially unjustified" in its position against you.  This "bar" is pretty low.  If the judge agrees you win, then you almost always get EAJA fees, and those may/may not be enough to cover your attorney fees.   You may have to pay fees to the extent that EAJA fees do not cover them all.  

3.  You may get a Pro Bono attorney, where there is no fee to you.  MANY attorney's represent Vets at the CAVC level ONLY for EAJA fees, this means it cost you zero.  

 

In every case, I would recommend a NOVA attorney.  You can find a list of Nova Attorney's here:

You need to understand there are more Veterans needing representation than there are lawyers who are trained in Veterans law to help them.  

https://vetadvocates.org/welcome/find-an-attorney/

If you have hired an attorney to represent you at CAVC:

1.  The CAVC will need to approve payment to your attorney.  Any EAJA fees received by the attorney will be deducted from his fee.  The attorney provides the number of hours he worked on your case, and the CAVC will decide if those attorney fees are reasonable, and reflect the prevailing hourly rate for attornies in the area.  

2.  It may be a bit different if you win at the BVA (represented by an attorney), so if someone has paid attorney fees at the BVA level, please chime in.  

MOstly, the CAVC, generally,  allows attorney fees up to 20% of the retro (minus any EAJA fees received) as "reasonable".   Its much harder for the attorney to get 33%.  To get 33 percent the attorney would have to 

1.  Show the court a fee agreement where you agreed to pay that much.  

2.  Demonstrate the fees are not excessive, and that he has put in work sufficient to justify it at prevailing hourly rates for that area.  

3.  Show the court that he did not "double dip" with EAJA fees, that is, any EAJA fees would be deducted from the agreed upon fee arangement.   

its lawyers out their to represent vets that can win. If I think I couldn't win

your claim or you don't have a chance in hell at winning your own claim

why would a lawyer take the case?????.  

[RUREADY]

lawyers don't accept claims unless they find an error

in your case and they see a win or your good looks. u figure