When you’re a veteran with a disability, income is a problem and you may worry about how to pay for an attorney. However, sometimes when lawyers help veterans receive military benefits, the government has to pay their fees. Having the government pay attorney fees lessens your financial burden.
When you win a lawsuit against the government, you can recover attorney fees and expenses unless:
Your fees and expenses are the reasonable costs for:
Unfortunately, the way the Equal Access to Justice Act (EAJA) process works often makes it difficult for veterans to recover attorney fees, which is why reform is necessary. Reforming the EAJA process would cut out waste for the VA, help veterans receive benefits more quickly and help maximize the benefits veterans can receive. A system with greater accountability, more like the system the Social Security Administration (SSA) uses would improve the process for veterans.
The problem with the EAJA is that the Veteran’s Court allows attorneys to be paid before they obtain your benefits — unlike the SSA and other courts. Also, the Veteran’s Court often decides there is a “lack of substantial justification” to pay expenses and returns cases for further information (called a remand). At this stage, you don’t receive any benefit, even though your attorneys get paid for their work. Consequently, attorneys can end up working for multiple remands rather than for a final decision. A final decision is what would benefit you! Even worse, multiple remands don’t necessarily lead to a benefit. So, you can end up wasting time without obtaining a favorable final decision.
Thank to Mr. Spencer I was able to get my VA disability claim re-reviewed and given another chance to receive disability. By far he is one of the most professional lawyers I have ever dealt with. So Veterans if you are looking for help with your VA disability claim I would suggest that you hire Macari, Russotto, Spencer, & Balaban. Thanks again for everything.
— Alfred Daye
As a disabled veteran trying to navigate the complexities of the Veterans Administrations regulations, I turned to the law firm of Marcari, Russotto, Spencer and Balaban. They helped me understand what I needed to do and prepared and presented to the VA an excellent presentation of my case. I recommend them for your legal needs.
— Harry Johnson
I was very satisfied with the excellent and professional manner the law firm handled my claim. I highly recommend any veteran who needs help with his or her claim to use Marcari, Russotto, Spencer & Balaban P.C. Special thanks to Mr Spencer for being very professional and courteous during the appeal process. Again Thanks to the entire firm for a job well done!
— Luther Henderson
My husband & I highly recommend this law form to any veteran trying to navigate the endless red tape of the VA. We turned to Marcari, Russotto, Spencer & Balaban to handle my husband's appeal and could not have been happier. We enjoyed open and consistent communication regarding our case. Any questions we had were answered immediately.
— Michele DeZayas
Amanda Medina-Morales was our point of contact and she kept us up to date on the progress of our case. It was a pleasure and relief knowing that someone truly competent and professional was handling this and fighting for us.
— Michele DeZayas