Affording An Attorney Service | VA Disability Group | Attorney Casey Walker

When using an attorney, attorneys
charge what's called a contingency fee and that's 20% of a retroactive back-payment. So a lot of times veterans call us saying I don't have money for an attorney can you help me? the answer is an emphatic yes. And it's a nice area of law to be in because a lot of these veterans don't have money. The way a contingency fee works is if a veteran files for a claim, call it
service connection for diabetes, and that diabetes is denied. And then four years down the road, after going through all the appeal lanes, we successfully get
service connection for diabetes. The VA is gonna say, in many cases, okay we're gonna pay you X amount of dollars for all those months you should have
received it and that's called a lump sum back-payment. That lump sum back payment
quantified, let's say they get an $80,000 back payment, we're gonna take 20% of
that eighty thousand. And the VA will actually take that out themselves and
they'll put it in a trust fund, so to speak, and then the veteran will have due
process if they don't agree with our attorney fees. They have due process of
60 days to appeal our attorney fee rights. Now, 20% has been deemed, per se,
reasonable by the Office of General Counsel and regulation. So 20% will, if not ever, it's rarely ever going to be found to be unreasonable. But that 20%
will be taken off the top of an $80,000 back-payment. So we would get our $16,000 which would be withheld from the attorney's back-payment. And it's nice because the veteran doesn't have to pay us with a big check or something. That money's just withheld and the veteran never has to think about paying the law firm directly.

Author Since: Mar 11, 2019

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