ATTORNEY FEES

[porgee]

I REMEMBER Broncovet  said he didn't have to pay no attorney fees out of his decision from CAVC

yet I find this is not correct. If you win an EED of a claim for 2-3 years retro how is it that an 

attorney get paid more than a vet with an attorney with 15 years of retro without paying. 6 GRAND 

IS GOOD FOR SOMEONE that work a case for less than a year at the job.  Yet a veteran gets 175 grand and the CAVC

COST IS $1600.00 for attorney at the CAVC HOW IS THIS ???. Anybody. I WON 175,000 retro ATTORNEY FEE WAS 

$1600.00 at CAVC plus 20% of the retro. I guess every case is different.

Edited September 8, 2017 by porgee

[Buck52]

broncovet   ''great explanation.''

[Buck52]

porgee

If my Attorney charge me 160.000 for his fee  I'd be looking for another Attorney.

 

(Attorney Fees) Seems like Alex (asknod) mention something about this a while back in one of the hadit Podcast Radio shows.

Edited September 9, 2017 by Buck52

[porgee]

7 hours ago, broncovet said:

 

 

Eaja fees are often paid even when there is a remand, especially if its a JMR.  You see, with a remand, the v'a is admitting to a mistake so eaja fees are applicable.  

If you get a remand, and later, get money when the remand is completed, your eaja fees should be deducted from your total attorney fees.  Ask your attorney about eaja fees.  

Eaja fees are generally awarded at the cavc level, not at the bva.  If you hire an attorney to represent you at the bva its unlikey for you to get eaja fees, as the bva does not award them, tho I dont know why.  

As I explained, the best time to hire an attorney is with a bva denial appealing to the cavc, as that is the time when you are likely to get eaja fees.  

it doesn't make a difference when you hire an attorney but CAVC NOR VA will pay

the attorney more than the veteran claim is worth and if so find another attorney..Why would CAVC pay an attorney

more than a claim is worth??? 

[porgee]

I can post my attorney fees as he have it all listed but can you post where

an attorney get 18k or even the 6k you talk about your attorney got paid. 

Just for the argument he wrote .HECK I take the job.18k for 7k get real

Edited September 9, 2017 by porgee

[broncovet]

Eaja (Equal Act to justice Act) pays the fees whenever the cavc determines that VA took a position against the Veteran that was

"substantially unjustified".  The CAVC liberally applies eaja fees, whenever the Veterans attorney "win" or "wins a remand".  

In the case of a "remand" at the cavc (which happens frequently) the Board re adjuticates the case per the remand insturctions and, it sometimes results in an award due to the Veteran.  In other words the cavc said th board made a mistake, and that the they have to re do it.  

When this happens, in most cases, the eaja awards fees to the veterans attorney when the vet attorney asks for it.  

If eaja fees are awarded for a remand, this means the amount of the eaja fees will be refunded to the veteran.  Im not "arguing this", I simply sated what happens and if you choose not to beleive me, thats fine.  I got a remand at the cavc, and the eaja aawarded fees to the attorney.  So the attorney got a check from eaja for 6100 dollars.  

Several months later, the board completed the remand and awarded me a partial earlier effective date, which generated retro for me.  

So, if the retro was 40,000 this is how this goes.

40000 times  20 percent is $8000.  However, eaja has already paid 6100, so the attorned did get 8000, but wil send me a check back for the 6100 eaja fees which have already been paid.  This means that I will pay 1900 in this example not 8000, so most of my fees were paid by EAJA, as I already explained.  

The court still awards attorney fees in the case of a remand, so the attorney will get paid by eaja even if I never see a dime.  

This happens because the attorney identified an "error" in the decision and, sime mine was a JMR, the attorney got pad before I got a cent, cause I had not been awarded any money yet.  

However, eventualliy I dd get awarded benefits but the attorneey can not "double  down" and collect from the eaja and also collect from the veteran..its prohibited.  The attorney can colect the full 20 percent, but not 20 percent plus eaja fees.  

[porgee]

I am well aware of when and how eaja are paid and for what ,what I don't understand

is how and attorney get 18k or even your 6k for and argument that's on 2 sheets of paper

I had my attorney at BVA & CAVC AND I had him  6-7 years and his EAJA fees from CAVC

WAS ONLY $1600.00   Buck I GUESS YOU CANT SEE TO WELL ITS NOT $160.000 BUT he did win 

me $175,000 and CAVC cost was $1600.00 18K AND 6K FOR CLAIMS THAT NOT WORTH THAT MUCH 

is what I don't understand. CAVC pays the attorney more than the claim is worth. Never will I believe this. My attorney Hill & Ponton

 

Edited September 12, 2017 by porgee