Full Version: Text Of S. 3421
Any takes on what this means?:
"`(
The amount of an assessment under subparagraph (A) shall be equal to five percent of the amount of the fee required to be paid to the agent or attorney, except that the amount of such an assessment may not exceed $100."
as it refers to:
"`(6)(A) The Secretary may charge and collect an assessment from an individual recognized as an agent or attorney under this section in any case in which the Secretary pays to the agent or attorney, from past-due benefits owed to a claimant represented by the agent or attorney, an amount as a fee in accordance with a fee arrangement between the claimant and the agent or attorney"
It seems that this is contingency fee basis- at not higher than 20% for attorney fees-to be paid by VA to the lawyer from the retro amount. Good-
But-
"to charge a fee to a claimant for services rendered in the preparation, presentation, and prosecution of a claim before the Department of Veterans Affairs after a notice of disagreement has been filed"
This is the part that has been bothering me- what about all the vets who already have filed NODs?
Any thoughts here?
"`(
The amount of an assessment under subparagraph (A) shall be equal to five percent of the amount of the fee required to be paid to the agent or attorney, except that the amount of such an assessment may not exceed $100."as it refers to:
"`(6)(A) The Secretary may charge and collect an assessment from an individual recognized as an agent or attorney under this section in any case in which the Secretary pays to the agent or attorney, from past-due benefits owed to a claimant represented by the agent or attorney, an amount as a fee in accordance with a fee arrangement between the claimant and the agent or attorney"
It seems that this is contingency fee basis- at not higher than 20% for attorney fees-to be paid by VA to the lawyer from the retro amount. Good-
But-
"to charge a fee to a claimant for services rendered in the preparation, presentation, and prosecution of a claim before the Department of Veterans Affairs after a notice of disagreement has been filed"
This is the part that has been bothering me- what about all the vets who already have filed NODs?
Any thoughts here?
QUOTE (Berta @ Dec 20 2006, 03:31 AM) 
Any takes on what this means?:
"`( The amount of an assessment under subparagraph (A) shall be equal to five percent of the amount of the fee required to be paid to the agent or attorney, except that the amount of such an assessment may not exceed $100."
as it refers to:
"`(6)(A) The Secretary may charge and collect an assessment from an individual recognized as an agent or attorney under this section in any case in which the Secretary pays to the agent or attorney, from past-due benefits owed to a claimant represented by the agent or attorney, an amount as a fee in accordance with a fee arrangement between the claimant and the agent or attorney"
It seems that this is contingency fee basis- at not higher than 20% for attorney fees-to be paid by VA to the lawyer from the retro amount. Good-
But-
"to charge a fee to a claimant for services rendered in the preparation, presentation, and prosecution of a claim before the Department of Veterans Affairs after a notice of disagreement has been filed"
This is the part that has been bothering me- what about all the vets who already have filed NODs?
Any thoughts here?
"`(
The amount of an assessment under subparagraph (A) shall be equal to five percent of the amount of the fee required to be paid to the agent or attorney, except that the amount of such an assessment may not exceed $100."as it refers to:
"`(6)(A) The Secretary may charge and collect an assessment from an individual recognized as an agent or attorney under this section in any case in which the Secretary pays to the agent or attorney, from past-due benefits owed to a claimant represented by the agent or attorney, an amount as a fee in accordance with a fee arrangement between the claimant and the agent or attorney"
It seems that this is contingency fee basis- at not higher than 20% for attorney fees-to be paid by VA to the lawyer from the retro amount. Good-
But-
"to charge a fee to a claimant for services rendered in the preparation, presentation, and prosecution of a claim before the Department of Veterans Affairs after a notice of disagreement has been filed"
This is the part that has been bothering me- what about all the vets who already have filed NODs?
Any thoughts here?
Berta,
Read the law literally until case law redefines the conditions. IF you can access the committee reports on the legislation, they are "influential" until sufficient case law is established to define the actual legal meanings of the all the elements new law.
Ralph
QUOTE (Objee @ Dec 20 2006, 10:40 PM)
Berta,
Read the law literally until case law redefines the conditions. IF you can access the committee reports on the legislation, they are "influential" until sufficient case law is established to define the actual legal meanings of the all the elements new law.
Ralph
Read the law literally until case law redefines the conditions. IF you can access the committee reports on the legislation, they are "influential" until sufficient case law is established to define the actual legal meanings of the all the elements new law.
Ralph
I may be wrong but it sounds like the VA will be charging an administrative fee for handling the disbursement of the 20% retroactive fee to the lawyer. jmo
pr
I was told that a new law had passed this June allowing us to hire attorneys to represent us from the very beginning. Anyone know about this?
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