An agent or attorney who may also be an accredited representative of a recognized organization may not receive such fees unless he or she has been properly designated as an agent or attorney in accordance with § 14.631 of this part in his or her individual capacity as an accredited agent or attorney.
Full Answer
During its operation, the Settlement Fund distributed a total of $197 million in cash payments to members of the class in the United States. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged about $3,800 each.
How to Remove, or Change, Representation? You may discharge your attorney, claims agent, or VSO representative at any time and for any reason by informing VA of your request in writing.
No, you are not required to use a VSO. Veterans always have the option to prepare and file their own VA claim online for free at VA.gov.
A VA representative will then review your claim to determine if any additional information is needed. They will contact the appropriate sources—whether it's you, a medical professional or government agency—to collect that information.
Go to eBenefits to find a local representative (including a recognized VSO, an attorney, or a claims agent) by state/territory, zip code, or the organization's name. Or search the VA Office of the General Counsel's list to find VA-recognized organizations and VA-accredited individuals by name, city, state, or zip code.
Learn More About Our Mission. The Rep For Vets is not a charity, a law firm or a non-profit organization. We are a national disability advocacy firm employing VA-accredited claims agents and attorneys.
If you need assistance with a benefits claim or other casework, you can contact your Member Of Congress for assistance. You can also reach out the VA's office in Congress at (202) 225-2280.
Resources and support.Call us. 800-698-2411.Visit a medical center or regional office. Find a VA location.
(a) Applicability of rule. The provisions of this section apply to the services of accredited agents and attorneys with respect to benefits under laws administered by VA in all proceedings before the agency of original jurisdiction or before the Board of Veterans' Appeals regardless of whether an appeal has been initiated. (b) Who may charge fees for representation.
Accreditation, Discipline, & Fees Program. COVID-19 Update (January 6, 2022) Our staff is still working remotely, we continue to ask for your patience and that, to the extent feasible, any submissions to our office still be made via email ([email protected]) or fax (202-495-5457) rather than through U.S. Postal mail.New Information!
U.S. Department of Veterans Affairs | 810 Vermont Avenue, NW Washington DC 20420. Last updated September 9, 2022
2 . retaining of medical and vocational experts and other reasonable expenses deemed necessary by Attorney related to Client’s claim. Client’s Discharge of Attorney:
• The attorney or claims agent involved in this matter may file a response to your motion with OGC not later than 30 days from the date on which you serve him or her with your motion.
At Cuddigan Law, we are proud to serve veterans in disability compensation cases. Unlike many other professionals, we do not charge any upfront fees when we take your case.
The Deborah Sampson Act aims to improve access and quality of VA care for women vets.
A few days ago, my attorney sent me this email on a PTSD claim I filed back in 2016 and have appealed to the BVA. After getting this email, I checked eBenifits & VA.gov and they still read, "waiting to be sent to a law judge".
The Office of General Counsel (OGC) is responsible for accrediting attorneys and agents. E-mail questions regarding accreditation to the OGC at [email protected]
Unauthorized representation of claimants and unlawful solicitation of fees is a serious matter and should be reported to the Outreach Staff Mailbox (
Do not accept a NOD signed by an attorney or agent without a
All agreements for the payment of fees for services of agents and attorneys must be in writing and signed by both the claimant or appellant and the agent or attorney. 38 C.F.R. § 14.636 (g).
In order to avoid fee disputes, ask questions before signing a fee agreement.
A direct‑pay fee agreement is a fee agreement between the claimant or appellant and an agent or attorney providing for payment of fees out of past‑due benefits awarded directly to an agent or attorney. See 38 C.F.R. § 14.636 (g) (2).
What will occur, generally, is that in the same notice which informs a veteran or a claimant of an award of past-due benefits, VA will inform both the veteran or claimant and the agent or attorney that a decision has been made on the eligibility of the agent or attorney to charge the fee called for in the fee agreement of the parties.
The contingent fee basis is the most likely way in which fees will be charged. A contingent fee agreement means that the agent or attorney is paid only when the veteran or claimant receives an award of past-due benefits. The fee is based on an agreed upon percentage of the amount of the past-due benefits awarded.
There is a significant difference between this appeal and an appeal of the VA’s denial of a VA benefit; the notice of disagreement must be filed within 60 days of the VA’s decision as opposed to one year.
In cases where a fee agreement requires VA to withhold the fee of an agent or an attorney from the award of past-due benefits under the provisions of 38 U.S.C. § 5904 (d), the VA regional office will make a written fee eligibility determination.
An appointed representative may request a fee for representing a claimant before SSA by filing a fee agreement or fee petition.
Section 206 (a) of the Social Security Act provides that if the claimant is determined to be entitled to past-due benefits under Title II and the person representing the claimant is an attorney, we pay the attorney his/her fee that does not exceed 25 percent of the past-due benefits.
When SSA effectuates a court’s favorable Title II decision, SSA withholds (up to) 25 percent of a claimant's and the claimant's otherwise unrepresented affected auxiliaries’ past-due benefits, for possible direct payment of all or part of the attorney's court authorized fee, unless the attorney has waived direct payment or waived the fee. SSA will then pay the authorized fee to the attorney, to the extent that the withheld past-due benefits permit, under these circumstances:
If the attorney meets the requirements stated above in 5a, SSA will withhold up to 25% of the past-due Title II benefits for possible direct payment to the attorney. When a claimant has auxiliaries who are not represented, the auxiliaries’ past-due Title II benefits are included when calculating the attorney’s fee for services. (See GN 03920.030, Representative’s Fee – Title II Past-due Benefits.
A direct payment is an authorized fee paid directly to an eligible appointed representative for services rendered at the administrative or federal court level. SSA makes this payment by withholding up to 25% of a claimant’s past-due benefits.
Representative is Attorney. If a claimant submits a signed Appointment of Representative form (Form SSA-1696-U4) or equivalent written statement before January 1, 2007, the appointed attorney may be eligible to receive direct payment.
As of January 1, 2007 SSA may make a direct payment to appointed representative (s) who:
Factors considered in determining whether fees are reasonable include: (1) The extent and type of services the representative performed; (2) The complexity of the case; (3) The level of skill and competence required of the representative in giving the services; (4) The amount of time the representative spent on the case;
An agent or attorney who may also be an accredited representative of a recognized organization may not receive such fees unless he or she has been properly designated as an agent or attorney in accordance with § 14.631 of this part in his or her individual capacity as an accredited agent or attorney .
Only accredited agents and attorneys may receive fees from claimants or appellants for their services provided in connection with representation. Recognized organizations (including their accredited representatives when acting as such) and individuals recognized under § 14.630 of this part are not permitted to receive fees.
Each Veterans Service Center Manager (VSCM) and Pension Management Center Manager (PMCM) must appoint at least one agent and attorney fee coordinator (AAFC). The specific duties of the AAFC are to
an agency of original jurisdiction (AOJ) has decided a claim
The Office of General Counsel (OGC) is responsible for accrediting attorneys and agents. E-mail questions regarding accreditation to the OGC at [email protected]
Unauthorized representation of claimants and unlawful solicitation of fees is a serious matter and should be reported to the Outreach Staff Mailbox (
Do not accept a NOD signed by an attorney or agent without a