In most cases when you are curious about how much a disability lawyer gets paid, an accredited veteran's advocate will use a contingency fee associated with previously-due benefits the claimant is due. You might be eligible for benefits for some time, but because of not applying or because of the length of time it took the VA to review your case, you are now due retroactive benefits. If a claimant in this situation gets awarded retroactive benefits based on their eligibility from a prior date, a veterans' advocate gets a percentage of any retroactive amounts owed as laid out in the agreement that was agreed to by that representative and the claimant well in advance of working together.
Fees cannot be charged on possible future benefits because this is illegal. This is prohibited and a claimant representative can only be paid if the claimant is approved for and then paid past-due benefits. Bear in mind when seeking information on how much a VA disability lawyer can get paid, that no representative is eligible to charge veterans for help filing their initial claims, nor can they agree to take part in any future VA monthly payments. An initial claim with Veterans Affairs is the applicant's first time applying for benefits. At that point, once it is reviewed by the VA, the veteran will get a rating final decision that either grants or denies the claim. This is the first handed-down decision from the VA on a claim, meaning that is not yet appealed. A representative can help a claimant file an initial claim if they don't charge any money.
- Fees must be reasonable when charged by VA disability lawyers. This is easier to understand in the context of contingency agreements in which the attorney receives a portion of previously-due benefits to be paid as their fee. When determining whether or not a fee of a representative is reasonable, the VA looks at things such as:
- The complexity of the case.
- The results that the representative achieved.
- Fees assessed by other representatives.
- The level of competence and skill required of the representative.
- The amount of time the representative spends on the case.
- Reasons why an attorney or agent got discharged or stepped out of their representation before the date of benefits awarded if applicable.
- The level of review at which the claim was taken and ultimately retained.
Getting help with your VA claim is crucial for improving your chances of success with an appeal. A lawyer could make a big impact on your outcome, but be mindful of the fees.
In general, fees that are 20% or less are typically presumed to be reasonable and fees beyond 33.3% are typically viewed as unreasonable. Be careful when choosing someone to help represent your VA disability benefits claim. If someone has minimal experience in VA disability law, is charging a fee based on future benefits, is not accredited, or outsources their legal work, these are all red flags that you may need to consider. When retaining an experienced lawyer, think carefully about the kind of experience you want to have. There is a lot on the line when it comes to recovering compensation and as a veteran, you deserve to be supported throughout the entire process.
To learn more about VA benefits disability, contact Morgan & Morgan for a free, no-obligation case evaluation.