How Much Can a VA Disability Lawyer Charge?
When your initial claim with the VA is denied, it can take a toll on both your mental health and your financial well-being. If you were depending on those benefits to get by, you might be concerned about the expense of a lawyer. How much can a VA disability lawyer charge, after all?
Hiring a VA disability lawyer can be an intimidating process if you’re not familiar with how they’re compensated for their work. In this blog, we’ll break down how much VA disability lawyers can charge, what moneys are involved with VA disability and benefits appeals cases, and other factors that can influence how much you end up paying.
A VA disability can charge a maximum of 33.33% of your retroactive benefits for their services. Fees at or below 20% are presumed to be reasonable according to the Code of Federal Regulations (CFR) section on payments to lawyers representing clients before the Board of Veterans’ Appeals (BVA).
However, that doesn’t mean you’ll be charged 20%, or necessarily less than 33.33%. In most cases, a VA disability lawyer will charge between 20-30% depending on factors like:
How deeply involved they were in the case
How complex, rigorous, or challenging the case was
The amount of time the VA disability lawyer spent on the case
The results the lawyer achieved, and the extent to which their involvement determined the result
Whether the veteran ended the client-attorney relationship prior to a decision, and the extent to which the lawyer’s prior work influenced the ultimate decision
In cases that require extensive research and coordination with expert witnesses, your lawyer could argue that their work and the results they achieved demand more than 33.33% of retroactive benefits. Conversely, in cases that are fairly straightforward, your lawyer could charge less than 20%.
At Eisenberg Law, our fees for Veterans’ benefits appeals are typically around the lower end of the spectrum. As a solo practitioner who works on maintaining an economically efficient office, Mr. Eisenberg does not have to worry about the greater overhead costs many mid-size and large firms have to cover each month. Of course, each case is different. Mr. Eisenberg will happily discuss any relevant factors during a consultation.
To discuss your Veterans’ benefits appeal case, schedule a free consultation with Michael D.J. Eisenberg today.
When Do You Pay a VA Disability Lawyer?
Most VA disability lawyer services are contingent on achieving a certain outcome, meaning you won’t have to pay anything if you don’t win or have your appeal granted.
Assuming your VA disability lawyer helps you win your case, how you pay a VA disability lawyer depends on your fee agreement. Fee agreements between you and your lawyer can specify that the VA will pay up to 20% of any retroactive benefit or award directly to your lawyer.
If your lawyer’s fees exceed 20%, they’re responsible for collecting that additional percentage from you independently from the VA. Terms for collecting that additional amount should be included in your fee agreement.
Additionally, there are systems in place to help you pay attorney's fees in cases when they could otherwise exceed a Veteran’s budget. For example, if your claim is denied by the Board of Veterans Appeals, you could take it outside the Department of Veterans Affairs to the Court of Appeals for Veterans Claims (CAVC). The process creates additional attorney fees and costs outside your VA appeal. However, if you are found to be the prevailing party in your case, either by settlement or judgment in your favor, the Equal Access to Justice Act (EAJA) provides the government to cover your attorney’s fees and costs.
What Other Moneys Are Associated with Veterans’ Benefits Appeals Cases?
Depending on the complexity of the case, you might incur costs that are essential for your VA disability lawyer’s success in representing you, but ultimately, it’s your responsibility to pay.
For example, in the instance of a physical disability or a condition such as PTSD, hiring a physician or psychologist as an independent medical expert (IME) could be essential for winning your case. Similarly, if you’re appealing for total disability for individual unemployability (TDIU), hiring a vocational expert (VE) could be vital for verifying the extent to which your condition has impacted your quality of life.
Payment for these experts isn’t a part of your attorney's fees. However, a good VA disability lawyer would never recommend involving an IME or VE unless they strongly believed that expert testimony was essential to your case. Keep in mind that there’s always a risk of investment, as hiring an expert does not guarantee success. Your lawyer should not hire an expert without consulting with you first.
Do VA Disability Lawyers Charge Consultation Fees?
Most VA disability lawyers don’t charge fees for consultations. The law provides how they can charge their fees. However, if you are contacting a VA disability lawyer about another type of case, such as a military records correction or military medical separation/retirement, they may charge for consultations.
These other types of cases tend to have different fee structures from disability cases (such as charging an hourly rate rather than a percentage of retroactive benefits) because there’s not always relevant benefits to draw the lawyer’s fees from.
Ultimately, it’s important to have conversations about a VA disability lawyer’s fee structure before engaging their services. While consultations for other services are paid, initial case consultations for Veterans’ benefits appeals are always free at Eisenberg Law.
Appealing to the VA? Talk to Michael Eisenberg
Mr. Eisenberg is happy to discuss fees and potential costs with Veterans before entering any type of agreement, so the case starts and ends on the best terms possible.
Michael Eisenberg has over 15 years of experience navigating the VA appeals process to get disability benefits and compensation for Veterans just like you. After your free initial case consultation, he’ll communicate clearly with you about what fees and costs you can possibly expect, and how things may change over the duration of your case.
Ready to fight for the benefits you deserve? Contact the Law Office of Michael Eisenberg today to schedule your consultation.
Note: Consultations for Veterans’ Benefits Appeals Matters are free; however, consultations for Military Records Issues and Medical/Physical Evaluation Boards are paid.