The law is complex; as a result attorneys tend to specialize in one particular area. A veterans benefits attorney in New York must be accredited by the DVA otherwise they cannot assist a veteran who is preparing a claim for disability benefits or appealing a denial of benefits. Not only must the attorney be accredited, any agreement that he or she enters into with a veteran is subject to review by the DVA.
In the past a veteran that was denied disability benefits had to wait until the final ruling was handed down before he or she could hire an attorney, this has changed. A disabled veteran can now enjoy the benefits of legal representation the moment they were denied benefits and a Notice of Disagreement was lodged.
Payment based on a contingency agreement:
The majority of attorneys that deal with civil and criminal cases charge hourly rates and the usually ask for a retainer when they first agree to take the case. A veterans benefits attorney in New York does not, he or she takes the case based on contingency, they get paid when you are granted benefits upon a success appeal. The attorney gets a percentage of your award, in the event that case does not prosper, the attorney simply does not get paid.
Review the agreement:
The agreement between you and your accredited VA attorney is subject to review, it must be presented to the VA within 30 days of the date it was executed.
In the event the DVA is of the opinion that the fee is excessive, they have the right to order a reduction. The DVA is quite comfortable when the agreement states that the fee is 20 percent of the past due money that is granted to the veteran.
As well as the fee, a veterans benefits attorney in New York will charge for out of pocket expenses which are never a real issue, so much so that some attorneys set these costs aside.
A veterans benefits attorney in New York represents an excellent investment; he or she knows the law and knows how to best apply in your case. You are invited to discuss your veterans issues with Jackson & MacNichol, Attorneys at Law.
