Is Paying an Attorney to Handle The Submission Worth the Cost?

[sduckett]

I just moved my 80 year old father into an assisted living facility in Arkansas. He seems to meet the basic qualifications for the A&A pension based on an informational flyer the facility had sitting out when we signed the admitting paperwork. They suggested using an attorney in town to do everything to get my dad the benefits. I talked to the attorney on the phone and he sounded like he knew what he was talking about but when he told me he charged $1750.00 to do it I kind of got cold feet. If my dad had that kind of money he wouldn't need the VA to help out. Plus of course he couldn't guarantee that my dad would receive the pension. Does anyone have experience using an attorney and would it make any difference... would the VA look more kindly on an application for benefits completed by an attorney? What would be the pros and cons of using an attorney as opposed to trying to do it myself?

[vetadmin]

It is illegal for anyone including an attorney to charge for filling out an application, so better that you take the task on using the resources that are contained on the site and this forum.

We would suggest that you print off all the forms on the site, follow the step-by-step directions http://www.vetassist.org/forms/Step%20By%20Step%20Guide%20FINAL.doc

Use this format from the forum http://veteranaid.org/forums/index.php/topic,264.0.html

If you are not sure as to what to deduct for medical expenses use this as a guideline on how to arrive at his countable income.

http://www.vetassist.org/eligibility.htm
If you run into a stumbbling block, do a search on the forums for the topic, if you don't find the answer, post a question.

Be sure to keep a copy of the entire application for yourself and always send everything Registered Return Recipt
Use form 21-22a making yourself the Claimant's Representative.

If your dad has any mental issues that the VA would find him to be unable to manage his own affairs, you will have to deal with the fiduciary process after a decision has been made on the applicaiton.

The processing center that handles applications for Arkansas is

Milwaukee Pension maintenance Center
Veterans Administration
5400 West National Avenue
Milwaukee, WI  53214

Good Luck!

[sduckett]

Thank you for your swift response! I had a feeling that this was something that one could do without an attorney but I was just overwhelmed at the vastness of the VA machine and where to start and how to avoid costly (timewise) mistakes. Since finding this site I feel empowered to take it on myself and save the $$$ for something that my dad really needs rather than lining the pockets of an attorney. I will be a faithful follower of this site and will use the excellent resources you have here to get my dad the benefits he deserves!

Thanks again! I'll keep you posted on my progress!

BTW I have an old white on black copy of my dad's DD 214 which I assume is NOT a certified copy or whatever is required. Should I go ahead and send off for the certified copy? And what if I can't find his social security benefits letter from the first of this year? He has so many papers all over his house that I don't know if I can ever find it. Is there a way to get a copy of that? Or should I just wait until the new one comes out in early 2010? But I hate to delay the app that long since it is retroactive to the date of application if approved.

[KarenO]

To get a current social security benefit letter go to http://www.ssa.gov/ to request a benefit letter.  Go to the link that says "What you can do online".  Follow the steps and you should get a letter within ten days or you can go to your local social security office.  I've had to do this twice for my mother and both times I did get the letter within a week. 

[sduckett]

Thank you. I did it.

[pologal1979]

send off for the certified copy from the NPRC. id also submit a copy of your copy to the VA. that helps a lot. because if the service is NOT verified in the VA computer system, the VA has to also attempt to verify service with the service department.  the details contained on the copy help the Veterans Service Rep enter the correct information as part of their request to the service department.