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Atlanta, Fulton County, Georgia
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VA Regional Office manager A. W. Tate in Georgia warns attorneys against illegally charging veterans extra fees for claims representation, limiting allowable fees to $10 paid by VA, with exceptions for federal court GI insurance cases up to 10% of recovery.
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Attorneys or other agents who have or attempt to charge any veteran or dependent for representing him in monetary claims against the Veterans Administration are subject to penal provisions of the law.
This was announced by A. W. Tate, Manager Veterans Administration Regional Office in reply to inquiries from Georgia beneficiaries of veterans benefits.
Certain fees for such services are permissible, however, in cases where the agent or attorney has been duly recognized by the VA prior to institution of the claim before the VA. Mr. Tate said recognition for handling claims is available through the office of the Chief Attorney in the VA Regional Office.
Fees for these services are fixed by statute at a maximum of $10 for any type claim presented before the VA and are paid by the VA itself.
The fees paid by the VA are deducted from the monetary benefit due the veteran or dependent at the time the claim is allowed. Charging the claimant for additional fees is in violation of the law.
Neither accreditation from the VA nor the $10 maximum fee is applicable, however, in cases where the attorney sues for GI insurance benefits before the Federal Court after administrative remedies have been exhausted. Mr. Tate explained. If the court decision is in favor of the claimant, the trial judge is authorized to fix the attorney's fee but not to exceed 10 percent of the amount recovered.
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A. W. Tate, Manager of the Veterans Administration Regional Office, warns attorneys and agents against charging veterans or dependents extra fees for representing monetary claims against the VA, beyond the statutory $10 maximum paid by the VA. Exceptions apply for court cases on GI insurance benefits, where fees can be up to 10% of recovery.