EAJA legislation appeal

[blahsaysme2u]

So just trying to figure this out...

I have an appeal to vba for eed and have a lawyer helping..we have a 20% contract...

if it gets denied and I appeal to cavc, does that null our contract since they would then be paid under EAJA legislation?

Seems like yes but I can find nothing in writing saying so...

 

[broncovet]

Here is the deal:

    EAJA will pay fees "only" for CAVC, not BVA.  This applies only if you win (remand or win).  Look at your fee agreement, but it likely says you owe the attorney "0" if you lose.  

    What happened with ME was I appealed to CAVC, "won" a remand.  (Twice!)

1.  The first time, EAJA fees were paid, but, since I continued representation to the BVA (via the remand), I was responsible for the portion at the BVA.  MY numbers, if I recall, she was paid around $6000 through EAJA.  Attorneys can "not" collect from EAJA and the Veteran.     But, the attorney can bill me for BVA time.

     I wound up paying about $1000 for the BVA representation, but yours can be different.  

2.   The second time, after a win (remand) at CAVC, my attorney informed me I needed to get alternative representation at the BOARD..that he does not represent Vets at BVA..his practice is limited to CAVC, by the attorney choice.  This attorney, Chris Attig, felt I could easily win "pro se", WITH new evidence from a provider he suggested.  I took his advice, paid about $600 for an IMO, and paid zero attorney fees.  

     Again, you can get fees paid by EAJA but only at the CAVC.  Time your attorney spends on BVA wont be included, but you dont necessarily need attorney representation at the Board.  

     Thus, if you lose at the board, you owe the attorney "0".  If you appeal the board denial to the CAVC, its fairly easy to get attorney representation to the CAVC for eaja fees only.  If you win a remand from CAVC, then you can decide whether or not to continue with that lawyer at the Board.  

     Back to example 1, above.  The fees you are responsible for (if you win a remand at cavc, then win at bva): 

     You will owe the 20 percent fee "minus" what the attorney has already been paid at EAJA.  In my case the attorney billed eaja $6000, so $6000 was deducted from the attorney's 20 percent portion.  

     In real numbers:

     I won $35,000 in retro.  20 percent of that is $7000.   However, the attorney was already paid $6000 by eaja, so my portion was $1000.  

     In my case, the VA took 7000 out of my retro, and, soon, the attorney refunded the $6000 already paid by eaja.  (Its illegal for the attorney to collect from the Veteran and the eaja.  )

      It worked out great both times.  Law firm:

1.  Glover Luck (Julie Glover)

2.  Attig Steele.  (Chris Attig).

     Interestingly, Julie Glover declined to represent me on claim 2, indicating my case was weak.  Chris attig disagreed, represented me, and won.  

 

Edited August 31, 2022 by broncovet

[blahsaysme2u]

I guess im confused a bit on if I lose at vba and the attorney goes to cavc- technically I didn't win anything so I should owe nothing for vba appeal time right? 

And how does the cavc calculate how much to pay the attorney? Can the attorney just say fees are 20k and you owe them in your example 14k instead of just the 1000?

I'm worried my case is heading to cavc and just trying to figure out if this is going to help or hurt my backpack numbers...im due over 100k and right now I have 20% with my lawyer...

Thanks in advance

[Whodat]

The way that I understand it, if you are at the BVA level and have an attorney and you win, you are responsible for your attorney fee. If you don't win and have to go to CAVC, the VA have to pay your attorney fee. With that being said, you should get all of your backpay. I could be wrong. 

[ShrekTheTank]

So I will explain this because I just finished mine a couple of years ago and see if I can explain this.

When the attorney billed, they put down for the hours they worked my case while at the CAVC.  They were not allowed to charge for any other fees.

So anything before the CAVC or after the CAVC.

They paid for that part only and the BVA part before and after once I won, I owned them that part.  

I think part of my % was paid by the CAVC and they lowered it based on what the CAVC gave them.

Mine was not over the 20% as the CAVC paid for that part of the hours billed.  

[broncovet]

1. You dont pay attorney fees when you lose.

2.  If you lose at the board and appeal to the cavc, your attorney fees will likely be paid by EAJA.  

3.  Most CAVC cases wind up in remand.  The attorney gets compensated for a win with a cavc remand, and gets paid.  He bills eaja for his hours, and the courts audit this for reasonableness.  

4.  If you get a cavc remand, your attorney gets paid and you move on.  You then choose a representative for the board.  Choices are:

    a.  Use the same attorney.  As I pointed out, the attorney "can not" collect money from EAJA and YOU for the same case.  But, he can then represent you at the BVA for a fee, typically 20 percent.  If your attorney wins you retro at the board, "how much ever he got paid in eaja fees" will have to be deducted from the 20 percent you owe the attorney.  

    b.  Use a different attorney.  Probably not a great idea, because another attorney can charge you 20 percent at the board, and HE/she wont have to deduct the eaja fees, because he did not receive any eaja fees.  Seperate case.  

    c.  Use a VSO.

    d.  Go pro se.  

Attorney's have to "justify" their fees to the EAJA/courts, and even to Vets.  

    Hint:  After remand get an IMO.  That usually works.  

 

 

[blahsaysme2u]

Excellent thanks guys for clearing that up...I thought that is how it wished but wasn't for sure...

 

57 minutes ago, broncovet said:

After remand get an IMO.  That usually works

Not sure this would help with eed issue but thank you