If you’re reading this, you probably want our firm to represent you, but there’s a catch – you’re already contracted with another attorney.
VA disability law can be complex, and this guide will explain why there might be hurdles if you’re already under another contract, how to resolve it, and the essential documents required.
The “All or Nothing” Policy
At Hill & Ponton, we adopt an “all or nothing” approach to VA disability claims.
This means if you’re represented by another firm, we can’t help unless that firm formally withdraws and renounces any future fees from your claim.
Why This Policy?
Our policy exists to prevent complications:
- In the past, dual representation led to prolonged “fee petitions” to the VA.
- Now, the VA forwards such cases to the Office of General Counsel (OGC), which can be slow in deciding attorney fees.
- We avoid these complications by mandating the withdrawal and fee waiver from your previous attorney, letting us focus on your interests.
Necessary Documentation
To transition to our representation, two documents are vital:
- Letter of Withdrawal: A formal declaration that the prior attorney is no longer on the case.
- Fee Waiver: A confirmation that the previous attorney won’t claim fees related to your case.
How Do I Obtain these Documents?
Letter of Withdrawal
To obtain a Letter of Withdrawal, it’s essential to first reach out to your current or former attorney.
Follow their specific withdrawal procedure diligently.
Once you have the letter in hand, ensure you secure, review, and store it safely.
Remember to share a copy with Hill & Ponton to keep them in the loop.
Fee Waiver
When you’re communicating with your attorney for the Letter of Withdrawal, it’s also the opportune moment to request a Fee Waiver.
If there’s any hesitation on their part, be persistent in your request.
If challenges arise, don’t hesitate to seek advice from a Veteran Service Officer (VSO).
After obtaining the waiver, review its contents thoroughly, and then forward a copy to Hill & Ponton to ensure clarity and transparency.
Switching representation is a big decision.
The Letter of Withdrawal and Fee Waiver are paramount to ensuring a smooth changeover.
Here’s what you should do next:
- Review this guide.
- Contact your prior attorney for the needed documents.
- Seek guidance from a Veteran Service Officer if required.
- Provide the documents to Hill & Ponton for a case review.
- Always maintain copies of all correspondence and documents.
The process may seem daunting, but these steps are crucial for us to focus on helping you achieve the VA disability benefits you deserve.
We’re committed to aiding veterans through the complexities of VA disability law.
