VA Appeals Lawyer or Agent Fee Retainer Agreement

[Gastone]

When and WHAT does your (For Fee) Appeal Attorney/Lawfirm or Agent get paid? What happens to your 20% of Retro Fee Agreement, if you decide to Terminate the Lawyer/law Firm or Agent's representation prior to the RO, BVA or CAVC Award? If you FIRE your "FOR FEE" Representation, do you need to Revoke your POA in writing?

 

Answers to the above questions are covered in the attached Document presented by NOVA (National organization of Veteran's Advocates).     In my opinion, this is a must read for any Vet contemplating signing with a "For Fee" VA Appeals Rep. "For                                                                                                                

The Fees Which May Be Charged By an Agent or Attorney _ National Organization of Veterans' Advocates.htm

[MikeR]

This is good. Thank you!

[broncovet]

Thanks, Gastone.  While I just skimmed over the document, I did not see anything that said that EAJA fees collected will be deducted, but that is the case.  

[Carl the Engineer]

My wife is currently involved in a medical device lawsuit.  Her attorney's fee is 40%, from any winnings.

And her case could take 5 years or more. Just filed last month.

Just for comparison,

Hamslice

[Gastone]

Ham, what about "Costs" such as the Copying, Expert Testimony, and other Court Costs, were they addressed in the Retainer Agreement?

I think with Civil Contingency Fee Lawyers it's the same as the VA Appeals Lawyers. If after a couple years, you decide to Terminate the representation and sign with another Lawyer, the 1st Lawyer/Law Firm is still in line for a significant piece of the future Award. 

When I reviewed the VA M21, I noticed that a section addressed Appeals with Multiple (Direct Pay) Claimants and the steps necessary to ensure their piece of the Vet's Retro is Deducted prior to paying the Vet. We can only guess at the amount of time this adds to the Vet eventually getting the Award Retro Deposit.

Semper Fi

 

[Gastone]

Bronc, I take it the "EAJA Fees Deducted" is a personal experience. What type of Hearing and how long did it take to get the actual Award? Were you aware of the EAJA Fee Deduction from the start?

Semper Fi

[broncovet]

Gastone:   Yes, I knew EAJA fees would be deducted.  Example:  My EAJA fees have already been Paid.  It was a remand from CAVC.  EAJA Fees were $6000.  This means that I will pay "0" attorney fee if/when I get money from the RO UNLESS my retro is over 30,000.  If the retro is 30,000 or less, then the 6000 already received by the attorny pays all my fees.   If the retro is over 30,000 then I will pay 20% of any retro above 6000.  For example if the retro is 35,000

35,000 times 20% equals $7000.  

Minus EAJA paid                6000

I would owe the attorney 1000 in this example.  

I have not gotten any money yet, my case fromn CAVC has been remanded to the BVA, and the BVA has not finished yet.