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DIC Granted!

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page1006

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gee I forgot to ask an important question.....

did you sign a contract with the lawyer?

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6 hours ago, Berta said:

gee I forgot to ask an important question.....

did you sign a contract with the lawyer?

Yes, I signed the Appointment of individual as claimant's rep as well as the fee agreement (33%!) for work performed before the department of VA on 5/28/16 not knowing that a decision had been made in November 2014. 

There's nothing mentioned about any fees to the lawyer. His name is only mentioned on the last page under "cc:" I wonder if the lawyer can charge anything when the BVA made decision in 2014 but did not communicate it with me. 

Edited by page1006
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"I wonder if the lawyer can charge anything when the BVA made decision in 2014 but did not communicate it with me." and he was not the POA at that time ( 2014) .

I dont see how he could charge you at all.

I will try to see if I can get others to comment on this.

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  • Moderator

Ok.  I had not read this thread, when I answered Berta, in another thread.    It is my "opinion" that a lawyer can not collect on a decision that happened before his fee agreement was signed.   It is possible, however, that a fee agreement could include already decided cases, and you should check your fee agreement. 

The law says, "Time is of the essence".  And, for contracts that specify a time period, that time period is binding.  You did not have a contract with the lawyer, when your decision was made, according to your post, so, you do not have a valid fee agreement.  

Again, Congratulations, on your win, and no fees!  

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19 hours ago, broncovet said:

Ok.  I had not read this thread, when I answered Berta, in another thread.    It is my "opinion" that a lawyer can not collect on a decision that happened before his fee agreement was signed.   It is possible, however, that a fee agreement could include already decided cases, and you should check your fee agreement. 

The law says, "Time is of the essence".  And, for contracts that specify a time period, that time period is binding.  You did not have a contract with the lawyer, when your decision was made, according to your post, so, you do not have a valid fee agreement.  

Again, Congratulations, on your win, and no fees!  

Thank you! The lawyer Joe Moore called me himself today and confirmed that I do not have to pay them anything. He said I was really lucky of how things turned out with the whole thing. He was very nice and told me if they give me any issues to contact him again. Thank you for all your help!!

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Great News Page!!!!!! And thank you for doing the job you did yourself to get this DIC award.

Your husband would be proud of you! I sure am.

 

 

 

 

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