Will my lawyer still get paid if I remove as my POA?

[GulfWarVet1990]

Good evening, I hired a lawyer to represent me for OSA appeal last year. 

This year I am working on other claims on my own, and I want to remove the lawyer as my POA since he is not working on these claims.  

His compensation would be well earned and I want to make sure that he is paid for my OSA appeal, however, he should not get a percentage for claims that I am working on that he has not assisted or agreed to take on. 

Does anyone know if I remove the lawyer as my POA will he still get paid when my OSA claim is granted.  

Honestly I trying to avoid VA from automatically paying him if and when my other claims are granted. 

Thank you. 

 

 

[GulfWarVet1990]

44 minutes ago, broncovet said:

Before you fire your lawyer, remember, the ones I dealt with did not send you an email "every time" they filed a piece of paper with VA.  So, frankly, you dont know if "they are working them or not".  Remember, Va has millions of Veterans, and your attorney likely also has many, many other Veteran claimants.  

And, yes, my attorneys who have represented me did not return every call.  They made it clear they can not "hold our hand" and educate us on every VA policy or regulation.  Instead, we pay them to win us retro, if we want education in Veterans law, attend a college.  If, on the other hand, we want emotional support, get a counselor at VA.  Your attorney is neither of those.  

They "bill VA by the hour" to justify their fees, and talking to a Veteran listening to him complain about how long VA is taking, is not the kind of a thing the lawyer can write down as a conference for billing.  That is, its not "billable hours".   Frankly, your attorney probably does not want to listen to every "claimant theory" on what the attorney should do to get benefits.  He has reviewed your file, and is most likely taken actions he deems have the best chance of winning additional benefits.  

He really probably does not want to argue or debate with you the merits of all the claimants benefit theories.  You know, "what if we file Cue on 38 CFR 4.06?" or "Why hasnt the judge ruled on my claim yet?" or "Gee, that does not sound fair..why would VA do that?"  

Source:  My personal experience with at least 3 law firms who represented me on Veterans claims issues.  

Thanks Broncovet. I have not intention of firing my lawyer. He has been very helpful.  As stated his fees are well earned. 

Before I hired him I had a legacy appeal from 2004. Long story, claim was lost in VA black hole, claim was adjudicated 2022, all denied except two. I submitted Form 9, and I worked on the appeal myself, so if and when granted I will get a hefty back pay. He did not work on this claim and I want to make sure "I gets my full amount of money." 

On ebenefits and other VA letter he is listed as my POA (representative) on all correspondences pertaining to all claims I have pending.  There is no distinction of the claims he worked on which is the reason I posted.  I therefore wasn't fully sure how the monies would be distributed by the VA. From Phury's post I now understand the process. 

Thank you all. I will keep you posted.

 

[PatricBrien]

It sounds like you're taking proactive steps in managing your claims. It's understandable that you want to ensure fair compensation for your lawyer's work. If you decide to remove your lawyer as your POA, they may still be entitled to payment for the work they've already done on your OSA appeal, especially if it's already in progress. However, it's important to clarify with your lawyer whether they will continue to represent you for the OSA appeal even if you remove them as your POA.

If you need further assistance or legal advice, this resource on Dodd-Frank lawyers might provide helpful insights https://federal-lawyer.com/whistleblower-lawyers/dodd-frank/. Best of luck with your claims, and thank you for your service!

Edited February 21 by PatricBrien