|
Payment of attorney or agent fees (U. S. Department of Veteran Affairs)Process for Paying Fees Directly From Past Due Benefits
|
səhifə | 2/10 | tarix | 21.06.2018 | ölçüsü | 260,13 Kb. | | #50884 |
|
Introduction |
This topic contains information of the process of paying fees directly from past due benefits including
the direct fee payment process, and
direct payment of fees when appointment of a fiduciary is pending
|
Change Date |
July 31, 2015
|
|
The table below describes the process for paying attorney/agent fees directly from past-due benefits.
Note: The following actions should take place at approximately the same time:
withholding past-due benefits to be paid as fees
authorizing the award and providing notice of the rating decision, and
making and providing notice of the direct-pay fee eligibility decision.
|
-
Stage
|
Who Is Responsible
|
Description
|
Reference
|
1
|
AAFC
|
Determines whether direct payment of fees is at issue by analyzing whether a valid direct-pay fee agreement that VA can honor has been timely submitted.
|
38 CFR 14.636(g) and (h)
M21-1, Part I, 3.C.4.g.
|
2
|
Veterans Service Representative (VSR)
|
Under review of the AAFC, prepares the claimant’s award, leaving it in a pending status.
|
M21-1, Part I, 3.C.3.f
|
3
|
AAFC
|
Determines
the amount of past due benefits awarded
computes the amount of past-due benefits to be withheld for fees in the event eligibility to fees is established.
|
M21-1, Part I, 3.C.3.
|
4
|
AAFC
|
Requests the RO’s finance activity to establish a withholding of the amount payable.
|
M21-1, Part I, 3.C.3.f.
|
5
|
Finance Activity
|
Establishes the withholding.
|
M21-1, Part I, 3.C.3.f and g.
|
6
|
AAFC/Senior Veterans Service Representative (SVSR)
|
Authorizes the award when the withholding appears in the corporate record, and
Notifies the claimant and his/her attorney/agent of the rating decision and award.
|
M21-1, Part I, 3.C.3.g.
|
7
|
AAFC
|
Determines whether the attorney/agent is eligible to receive fees, and
Notifies the claimant and his/her attorney/agent of the fee eligibility decision.
|
M21-1, Part 1, 3.C.4.
|
8
|
AAFC
|
When the appeal period expires (or any appeal is completed), asks the finance activity to release funds to the claimant or attorney/agent, according to the fee eligibility decision.
Note: If the NOD was received on or after June 20, 2007, the finance activity must withhold an assessment from the attorney/agent’s payment.
|
M21-1, Part I, 3.C.5.
|
9
|
Finance Activity
|
Releases funds.
|
See M21-1, Part I, 3.C.5.
|
b. Direct Payment of Fees When Appointment of a Fiduciary is Pending |
The table below describes the process for direct payment of attorney/agent fees out of past-due benefits awarded to an incompetent claimant when appointment of a fiduciary is pending.
|
-
Stage
|
Description
|
1
|
After the award of past due benefits to an incompetent claimant has been promulgated but before the award is authorized the AAFC will
compute the amount of past-due benefits to be withheld for fees in the event eligibility to fees is established, and
create and provide a signed Memorandum to the RO’ requesting an 18 transaction in Finance and Accounting System (FAS), to establish the 63C Offset withholding the calculated amount of attorney or agent fees from total past due amounts in accordance with the fee agreement (see M21-1, Part I, 3.C.3).
Once the withholding transaction has been processed and approved by the RO Finance Officer or designee, the financial activity will
notify the AAFC, and
provide the AAFC with the signed FAS authorization sheet (18 transaction), to be placed in the claims folder.
|
2
|
The AAFC makes a direct-pay fee eligibility decision and sends it to the claimant and the attorney or agent as provided in M21-1, Part I, 3.C.4.
|
3
|
Once the fee-appeal period (60 days) has expired, and no appeal has been filed, the AAFC will create and provide a signed Memorandum to the finance activity requesting the disbursement of attorney fees (now in Fund 6279 from the 63C Offset), to the attorney/agent and collection of the assessment fee as applicable
The finance activity will process the request to disburse the attorney/agent fee and collect the attorney assessment (when required) as provided in M21-1, Part I, 3.C.5.
|
-
Important:
Do not hold attorney/agent fees approved under the eligibility decision until a fiduciary is appointed, as this could result in considerable delay of payment to the attorney/agent.
The memoranda referred to in the table above are evidentiary and must be included in the claims folder.
Authorization and payment of the remaining past due amount (not withheld for direct fee payment) in a case of an incompetent claimant must follow the guidance in M21-1, Part III, Subpart v, 9.B.2.
References: For more information on
general authorization information on incompetency and fiduciary cases, see M21-1, Part III, Subpart v, 9.A, and
paying attorney/agent fees when appointment of a fiduciary is pending, see Freeman v. Shinseki, 24 Vet.App. 404 (2011).
|
Dostları ilə paylaş: |
|
|