when can you fire your veteran disability lawyer

You can fire your disability lawyer at any time if you feel your claim is not receiving the attention it deserves, and in some cases this is absolutely the best option. However, there are some things to keep in mind when you choose to fire your disability attorney: 1.

Full Answer

Can I fire my disability lawyer any time?

You can fire your disability lawyer at any time if you feel your claim is not receiving the attention it deserves, and in some cases this is absolutely the best option. 1. If you fire your disability lawyer, you could still be liable for expenses the lawyer has incurred up to that point.

Do I need a lawyer for my VA disability claim?

The decision to hire a VA claims lawyer to represent you for your VA disability compensation claim is an extremely important one. If you are going to pay a VA disability lawyer then that lawyer must be able to do more for your claim than the free representation that you can get from a veteran service officer.

What is “veteran-friendly” law?

Congress has passed laws that provide for extensive medical and disability benefits. Congress wrote these laws to be “veteran-friendly.” Unfortunately, the Department of Veterans’ Affairs does not always interpret these laws in favor of the veteran. Click to listen to Brian Hill speak about veterans disability law and VA claims lawyers.

How do I legally represent a veteran in a VA disability case?

To legally represent veterans in VA disability benefits cases, individuals must be accredited by VA. Accredited representatives are recognized by VA as being legally authorized and capable of assisting claimants in the pursuit of benefits before the Department of Veterans Affairs.

What is the VA 10 year rule?

The VA disability 10-year rule states that the U.S. Department of Veterans Affairs (VA) cannot eliminate a disability rating that has been in place for at least 10 years unless there is evidence of fraud. This 10-year period is calculated from the effective date of VA's original grant for service connection.

Can I terminate my VA disability?

In any case, the VA cannot terminate your benefits unless you first receive a notice from the VA telling you about your right to have a hearing. You also have the right to appeal any decision to terminate your benefits.

How do I fight my VA disability rating?

You can appeal the denial of your claim or a low rating by filing a Notice of Disagreement (Form 21-0958) with your regional VA office. The notice is a written declaration informing the VA that you disagree with their decision. Submitting this form will open an appeal to your compensation decision with the VA.

How do you fire Allsup?

What should you do? If you have signed a contract with Allsup, Occudanta, Advantage 2000, Disability Services, Inc, set a one sentence letter to the Social Security administration terminating their services.

What is the VA 55 year rule?

What is the VA 55-year-old rule? Veterans who receive VA disability benefits for service-connected conditions are exempt from periodic future examinations once they turn 55 years old. This includes veterans who will be 55 by the date of a future examination, according to the VA Adjudication Procedures Manual.

How long does VA compensation last?

If VA assigns you a 100% rating, it has the option of also designating you permanently and totally disabled. If you receive this designation, your benefits are safe for the rest of your life.

Does the VA make mistakes?

Some of VA's errors occur more frequently than others, including those related to (1) total disability based on individual unemployability (TDIU); (2) orthopedic claims; (3) Compensation and Pension examinations; (4) effective dates; and (5) psychiatric conditions.

Should I appeal my VA disability claim?

While it may be tempting to give up, it is always worth it to file an appeal in your benefits case. After all, you are granted up to one year from the date your regional office (RO) sends you its decision to file for an appeal, so there is no harm in asking the VA to take a second look at your claim.

Is PTSD a permanent VA disability?

3. The veteran's total disability due to PTSD is permanent with no likelihood of improvement. The 100 percent rating for PTSD is total, permanent, and static in nature.

Is Allsup a good company?

Allsup claims to be an expert in the field of Social Security disability, with a 96 percent success rate. Allsup or the insurance provider may tell you that you can receive more money by applying for SSDI, so it is in your best interest to follow their recommendations regarding your long-term disability claim.

What does Allsup mean?

The Allsup Motto + Motto Translation: Be quick without impetuosity.

What kind of company is Allsup?

Allsup is a nationwide, premier provider of Social Security disability representation, veterans disability appeal, return to work, and healthcare insurance services for individuals and organizations. Since opening its doors in 1984, Allsup has helped more than 350,000 people receive their SSDI and Medicare benefits.

What does it mean when a disability lawyer is not doing their job?

A disability lawyer who is not doing their job is one who is not responding to your inquiries, who fails to meet critical deadlines for your disability case or who does not seem competent.

What happens if you hire another disability lawyer?

If you do decide to hire another disability lawyer they will generally expect a letter of withdrawal from a previous disability attorney.

What does a Social Security Disability Attorney do?

Although a disability lawyer is an expert at reviewing a claimant’s medical evidence, gathering additional medical records for cases and arguing a case before an administrative law judge, they are not miracle workers. They will not be able to catapult a claimant’s disability application through the Social Security Administration's process to the “front of the line” and bypass thousands of other disability claimants, forcing the disability determination services or an administrative law judges to make an expedited decision (an exception may exist ifthey make a request for an on the record review and attempt to get a ruling without a hearing).

Why do people hire disability lawyers?

Many disability claimants hired disability lawyers hoping that the disability lawyer would speed up the Social Security Administration disability claims process. What disability claimants often find is that even with a disability lawyer they end up waiting months or year to receive disability benefits, or worse, ...

What to do if you have a disability attorney?

They are simply waiting for the Social Security Administration to do something: review your case, gather medical records, or schedule a hearing.

Can a disability lawyer help with disability?

So, yes , a disability lawyer can improve a claimant’s chance to get benefits at every step in the Social Security Administration Disability approval process because they understand the process and can make sure that all of the necessary information is included with the application and appeal documents, thus potentially speeding up the time a claimant may be awarded benefits by avoiding multiple appeals, but they cannot completely eliminate the waiting time.

Can a disability lawyer fire you?

Disability lawyers most likely will not call you every week to tell you they are still waiting. Assuming you have realistic expectations about what your disability lawyer be doing and they are failing to perform their professional duties, you can fire them.

What happens if you fire a disability lawyer?

If you fire your disability lawyer, you could still be liable for expenses the lawyer has incurred up to that point. When you retain an attorney to represent you in a disability claim, you have to sign a legally binding fee agreement.

What happens if you don't inform your attorney of your Social Security withdrawal?

If you do not inform your attorney and Social Security that you have switched legal representatives, it could create a nightmarish situation for you present attorney if your case is won and it is time to collect his fee. Some attorneys refuse to represent a claimant if the letter of withdrawal is not already on file with Social Security.

Do disability attorneys give problems?

Most disability attorneys will not give their clients problems if they are informed of their desire to change legal representatives early on, before they have invested much time or money in the case. This is why it�s really important for people to shop around a bit before going with a particular attorney, and to call regularly for status updates.

Can a former disability lawyer petition Social Security?

Your old disability lawyer could petition Social Security for a portion of any back pay you are awarded, even if it is actually your new lawyer that represented you at the disability hearing. This is especially true if your former lawyer did a lot of work on your case before you fired him.

How long do you have to appeal a denied SSDI claim?

If you are denied SSDI or SSI benefits at the hearing level you also have 60 days to request a review by the Appeals Council. Because the approval percentage at this level is so low and the council often refuses to even review cases, many disability lawyers consider this step to be a waste of time and may tell their clients to apply a second time instead of making this last appeal.

Why is my disability lawyer so busy?

It could be that the disability lawyer is too busy or has too many cases to give the applicant the attention they deserve or the claimant could be the type that is difficult to reach, does not send information in a timely manner, moves and does not tell the lawyer or refuses to return phone calls.

Can I fire my disability lawyer during the disability process?

Yes, you can fire your disability attorney, but keep in mind, they are likely to get a percentage of your back pay if you do end up winning your disability case after they have been fired.

How long do you have to file for a hearing on SSDI?

If you have been denied at the reconsideration level you have 60 days to file a request for a hearing. Generally, if you have hired a disability lawyer they will also automatically file the request for the hearing. They should, however, continue to keep you abreast of all news about your SSI or SSDI case and you should understand that they are working on your case.

Is my disability lawyer still working on my case?

It could be that the disability lawyer is too busy or has too many cases to give the applicant the attention they deserve or the claimant could be the type that is difficult to reach, does not send information in a timely manner, moves and does not tell the lawyer or refuses to return phone calls.

How to hire a veteran disability lawyer?

Don’t hire a lawyer until you speak with him personally over the telephone at least two times. First, you should read over the materials from the lawyer. Second, you should read my article about mistakes to avoid when hiring a veterans disability lawyer. Third, you should call the lawyer and discuss your case with him.

What happens if you don't trust your lawyer?

Because if you don’t trust your lawyer, both you and your lawyer will not work together effectively. Don’t hire a lawyer unless he has experience working with veterans disability cases. Make sure you read case histories describing in detail other veterans’ disability cases the lawyer has handled. Make sure the lawyer answers all of your questions.

What happens if your case is denied?

And since your case has been denied, your lawyer will need to get your case remanded and then develop new evidence to prove your case. You already know your case won’t be easy to win because it has already been denied.

Why do lawyers agree to represent you?

A lawyer may agree to represent you because he wants to help you. He is expecting to find a winning argument, but sometimes things don’t’ turn out as expected. Any lawyer who promises an outcome is making a promise he cannot keep.

Can a lawyer run a commercial?

Any lawyer can print a color brochure or run a flashy TV commercial. But flashy advertising does not mean the lawyer is qualified to represent you. Historically, the biggest advertisers in the legal profession were personal injury or negligence lawyers.

Do veterans lawyers work on disability cases?

Don’t hire a lawyer who practices in many different areas of the law. The most qualified and experienced veterans’ disability lawyers work exclusively or mostly with vets on disability cases. They don’t merely dabble in veterans disability, and handle other types of cases too. Hire a lawyer who limits all or most of his law practice to veterans disability cases.

What can a VA disability lawyer do?

In veteran’s disability claims, a VA disability lawyer can help clarify the issues and ensure that the claim is properly supported by evidence so that the claim can be appealed, if necessary. There are many VA disability lawyers so the question is how to select the proper one to represent you.

What is VA service connected disability?

VA service connected disability compensation benefits are monthly payments made to veterans, and, in some cases, their families. The veteran is entitled to compensation when he can show that this disability is related to an injury or event in service. The disability payments, known as the disability rating are based on the degree ...

Can you investigate the effective date of a VA disability claim?

Another common mistake is not to fully investigate the effective date. VA disability lawyers are going to look back at all your previous claims in the C file and determine if there is a way to take the benefits back further than the date of the current claim.

Does the VA allow non service connected pensions?

For servicemen who served in a period of war, the VA law allows non-service connected pension benefit, regardless of whether the disability was service connected. This veterans benefit is income and asset tested and only applies to those wartime veterans who do not have significant income and assets and are completely disabled.

Is there a time limit for veterans to file a claim?

As President Lincoln said the purpose of the Department of Veterans’ Affairs is “to care for him who shall have borne the battle and for his widow, and his orphan.”. There is no time limit on when a claim can be brought.

Does the VA pay back benefits?

In some cases, your award may have an effective date that could go back for decades. When this happens, the VA is required to pay you all of the benefits you would have received over the years. This could result in a very large award of money.

Can a veteran reopen a claim that has been denied?

Just as important, a veteran has the right to reopen a claim that has already been denied by the Department of Veterans’ Affairs. In order to get another chance at proving his claim, all the veteran needs to do is produce new and material evidence showing that his claim should be granted.

Why do attorneys use Remand?

Remand gives the attorney the opportunity to make more money. Many of us that have used attorneys have found them to be ambulance chasers...

When did the law change to allow attorneys to get paid?

Since the law changed in 2007 allowing attorneys to get paid, I assume more and more competent attorneys will enter the field and the numbers will continue to favor them. This is not to slight VSOs, but that legal training is absolutely invaluable at the Board level.

Can you be on the hook for an attorney?

You will be on the hook for any work the attorney has already done.

How does a VA disability attorney work?

In contrast, an accredited VA disability attorney works directly for you. You can spend as long as you like explaining the problems you’ve been having, getting your questions answered, and completing the requirements to get your application processed as quickly as possible. You also have a direct line to the person handling your case, saving you the hassle of retelling your story to a claim officer each time you call. In addition, both the Department of Veterans Affairs (VA) and the United States Court of Appeals for Veterans Claims (CAVC) treat an application differently when the claimant is represented by counsel.

What should an attorney do when determining your disability?

Experienced. Your attorney should be able to clearly explain the possibilities of your disability rating, how to establish when your disability began, and what is expected of you throughout the process.

Why Should I Hire an Attorney?

We hear a lot of veterans ask the question, “Why should I hire a VA disability attorney when I can apply for benefits for free?” The best answer is, of course, that you get what you pay for. Much like the VA benefits system, most free organizations available to veterans are understaffed and overrun, forcing them to sacrifice personalized service in favor of processing as many people as they can in a day.

Can an attorney represent you on a VA disability claim?

An attorney may not be compensated for representing you until after a notice of disagreement has been filed, so many veterans choose to apply for benefits first and wait for the rating decision . If you have been denied VA benefits, have received incorrect information that can hurt your claim, or wish to file an appeal, you should seek the help of an accredited VA attorney. Call us today to find out how Cuddigan Law attorneys can help you with your benefit claim, or click here to read through a free copy of The Essential Guide to VA Disability Claims.

How Can Veterans Find VA-Accredited Lawyers or Representatives?

VA hosts a searchable database where veterans can look for accredited representatives. The database includes accredited VA disability lawyers, claims agents, or VSO representatives. Additionally, those seeking representation may also visit their local Regional Office for assistance.

Who Can Represent Claimants in Cases Before the VA?

Lawyers or Agents must be accredited in order to represent claimants before the Department of Veterans Affairs. The accreditation process exists to ensure that veterans and their family members receive skilled and informed representation throughout the VA claims and appeals process.

What Are Some Red Flags to Watch Out For When Hiring Lawyers or Representatives?

The individual is not accredited – Individuals may not legally represent claimants in cases before VA unless they are accredited.

What does "deceive" mean in VA?

Deceive, threaten, mislead, or coerce a claimant about benefits or rights ; Act or encourage a claimant to act in a manner that is detrimental to the conduct of VA proceedings; Disclose any information provided by VA for representation purposes without the claimant’s permission; or.

What does it mean when a VA charge a percentage of benefits?

If a person is charging a percentage of benefits the claimant is going to receive over a certain period of time, they are charging fees unethically and illegally. They have minimal professional experience in VA disability law – Veterans disability law is complex.

Why are veterans organizations beneficial?

Organizations like these can be very beneficial to veterans because of their experience and their services are free of charge. VA-accredited attorneys and claims agents typically represent claimants once VA has issued a rating decision on the veteran’s initial claim.

What are VA accredited individuals not allowed to do?

VA-accredited individuals shall NOT: Evade a rule of conduct “through the actions of another;”. Engage in deceitful, fraudulent, misrepresentative, or dishonest conduct; Violate any provisions included in Title 38 United States Code, or Title 38, Code of Federal Regulations; Charge, solicit, or enter an agreement for unreasonable or unlawful fees;