Hello, Invisible Reader. I'm finding that I'm covering more topics that stray from my battles against the VA more and more often. Variety is the spice of life. So, it's all good. If you don't like it you won't read this blog. I guess it's as simple as that.
Over the years I've subscribed to a lot of online Veterans groups. I subscribed to them in search of support. That's what Veterans do. We seek out our own kind. We subscribe to these groups looking for help. We hope that someone will have all the answers for us.
One group that I subscribed to and have been a member of for years is moderated by a Gulf War Veteran. Over the years I've tried to post the plight of women Veterans to that group. I've tried to post articles about how unfairly women Vets are treated at the VA Hospitals, how unfairly our claims are treated, how our claims for Military Sexual Trauma are rejected more often than our male counterparts are rejected for PTSD. The owner/moderator of that particular group basically told me I was out of my mind and had no clue what I was talking about. He refused to allow me to post links for women Veterans. He slapped me on moderate so that he could review all my posts. Needless to say, most of my posts never made it to the list. You can bet anything I tried to post on Don't Ask Don't Tell never saw the light of day.
Speaking of Don't Ask Don't Tell ... I've been asked on lists I've been a member of NOT to post anything about Don't Ask Don't Tell. I've been told not to bring up the subject of gays in the military. What kind of shit is that?
Just yesterday I unsubscribed from a group. I got into a pissing contest with one of the moderators. Someone posted some old information to the group. I made the comment "This is old news but thanks for sharing." The member had posted the info that Veterans and Retirees could now salute when the National Anthem was played. President Bush signed that into the Defense Authorization Act of 2009 in OCTOBER 2008. To me, that's old news. My comment was not sarcastic. I thanked the sender for posting it. The moderator jumped my shit and in his final email to me ... in a public forum, told me that if I commented one more time he would remove me "... understand". Since that was not the first time I'd gotten into it with that moderator, I unsubscribed myself. This particular group of late has had very little information being posted other than "prayer requests" for sick Veterans. I don't see how that is supposed to help the Veterans who go to that group for help with claims.
The best group on the internet right now is Jim Strickland's STRAIGHT TALK for Military Veterans. Anything goes. I should know. I'm a moderator on that group. Okay, okay .. so maybe I'm a little biased. We don't shy from anything. You should join us there. We have some really great people on our board including a couple of NOVA Attorneys who offer free advice on your claims. All we ask is that you don't flame the other Veterans in the group. We're all brothers and sisters there. Peace, love and harmony. We don't fight there. Debate, yes. That's fun. But keep it civil.
But back to my original subject. On all of these Veterans boards there are self proclaimed "Advocates." When you ask them what their qualifications are you never get a straight answer. They will tell you they've been doing claims for Vets for years. They will tell you that because they research information on the internet and they help Veterans, they are an "Advocate". They will tell you because they help Veterans fill out a claims application they are an "Advocate." Ask them what training they've had and they can't tell you. They will tell you that Bubba at the DAV, the VFW, The American Legion taught them how to fill out a claims application. That makes them an "Advocate". Does it? Do you really want to put your future in the hands of someone who doesn't know VA Law? I don't.
I've learned a lot this last year as my claim has gone through the system. You know my story if you've been reading this blog from the beginning. Am I an "Advocate"? Hell no. Do I talk about benefits to friends and strangers? You're damn right I do. Do I try to help every person that I can? You're damn right I do. Does that make me an "Advocate"? Nope. It sure doesn't. It just means that I want to help my brothers and sisters get everything they have coming to them. I don't pretend to know VA Law. I don't pretend to understand the system. I know just enough to make me dangerous. What I do know is where to go for answers. I am learning how to research. I have a long way to go before I will ever say I am an "Advocate".
Here is what I know. I completed the Vocational Rehab program in December 2000. I know how to apply. I can advise Veterans how that works. I can assist them with that and I can tell them how the program works. I know that program well because I was in it. Now I know that you can go back into Voc Rehab outside the 12 year window if your circumstances have changed drastically. I know that from personal experience. I can share with my brothers and sisters how to get back into Voc Rehab and how the Independent Living Program works because I'm living it. Does that make me an "Advocate"? Nope. But for some people, it does.
I am an 80% service connected disabled Veteran. I know how to file a claim. I can tell a Veteran how to file a claim and where to go to get the forms. I can point them in the direction of Jim Strickland's A to Z Guide with instructions on how to file a claim. That does not make me an "Advocate". It just means I'm one Veteran looking out for another Veteran.
What I'm telling you is this. Beware of self proclaimed "Advocates". Ask them what their qualifications are. Did they take and pass the course from the National Veterans Legal Services Program (NVLSP)? I haven't, but I will. One of my long term goals of my Independent Living Plan is to work with Veterans. I want to help Veterans get the benefits that I have. I will be taking this course. Will that immediately make me an "Advocate"? Not really. I have to take the exam in order to become a "certified Advocate" but even then, I still have a lot to learn. A certificate will not automatically make me an "Advocate". Experience will do that. A proven track record will do that. Trust and faith from other Veterans will do that.
One last thought before I let this go. On the boards a lot of the "Advocates" are the spouses of Veterans. I admire the work they do. Don't get me wrong. It's great that they stand beside their spouses. But I have to tell you this. Those "Advocates" did not wear the uniform. As a good friend said to me recently, "they are like the Ladies Auxiliary at the VFW or the DAV or the American Legion. They wear the vests with all the flash, they shine their shoes the brightest, they sing the songs the loudest but when it comes down to it, they are not Veterans." We Vets feel a bond, you see. I don't have that bond with the spouse of a Veteran. Sure, I can have a conversation with a spouse. But when push comes to shove, I have absolutely nothing in common with that spouse. That spouse didn't wear the uniform and they just don't "get it." They think they do, but they don't. But put me next to a Veteran and he or she is my brother or sister. Instantly.
Brothers and sisters, beware. When you're on the boards and an "Advocate" answers your questions, ask that "Advocate" where they got their qualifications. Are they trained in VA Law? Can they back up their answers? Life experience is good, Invisible Reader. I have a lot of that. I share it with friends and strangers. But I don't call myself an "Advocate" and I abhor those who do.
Until the next time...
Wednesday, November 18, 2009
Sunday, November 15, 2009
131,000 Homeless Veterans? Bullshit.
An article came through my email this morning about the plight of homeless Veterans. I know, Invisible Readers, this is not something I usually talk about. I usually write about my battles with the VA. I'm wrapped up in my own troubles. I read this article and something jumped out at me. The number 131,000.
ONE HUNDRED THIRTY ONE THOUSAND. That number comes from the US Department of Veterans Affairs. 131,000 of our nations 24 million Veterans are homeless according to the DVA. I'm sitting here shaking my head in disbelief. Not because there are homeless Veterans. I know there are homeless Veterans. I see them all the time. They are sleeping in tent cities all over Florida. They are at the Salvation when I used to go to Ocala back when I was still being represented by the DAV (shudder). They are on the side of the road begging for money. They are sleeping on benches, under viaducts, on the beaches.
131,000. Bullshit.
I don't believe it. I think that number is way too low. I think the DVA is hiding the real number. There are thousands upon thousands of homeless Veterans who don't know they are entitled to benefits. I met one last week. Does the DVA know about her? Absolutely not. I gave her my name and my phone number. I told her I would help her. 131,001. Bullshit. That's just one Veteran. She was living in a campgrounds. She had enough money to stay there for two weeks. Hot showers. Other Veterans in the campgrounds were helping with food for her and her dog. I talked to the GM of the campgrounds to give her a Veterans discount that she didn't know she was entitled to. Hopefully they will refund some of the money that she paid for her campsite.
Wow... talk about odd coincidence ... as I was writing the last paragraph I received a text message from another Veteran friend of mine. I had reached out to her to try to get help for the young Veteran I met last week. You see, there is something unique about the young woman I met last week. She is a male to female transgender. She is very early in her transition. Do you think the VA wants anything to do with her? We can't even get the VA to recognize that the LGBT Community has specific needs that need to be addressed. Most of us are not even "out" to our health care facilitators. Anyway ... the friend I reached out to sent me a message to call "Maddie." I called Maddie and she wanted to thank me. Because I reached out to my friend, Maddie might have found a place to live, something she can afford on her social security income of $800 a month. One Veteran reaching out to another. Back to 131,000. According to the DVA. Oh wait, the DVA didn't know about Maddie.
There is an organization trying to get the DVA to recognize the LGBT Community. Right now I am the only member in the Florida Chapter. Other Chapters around the Country have had great success in getting VA Hospitals to open up LGBT Support Groups staffed by VA Psychologists. Here in Florida, I haven't had much luck. I was told that it's not possible when I spoke to the staff psychologists at my VA Hospital. I was told that it's "reverse discrimination." I was told they can't have "separate groups" based on gender, religion, etc. Other VA Hospitals can do it. Why not here in Florida? If you are interested in checking out the organization I'm talking about it's called Vets Do Ask Do Tell.
This is the Mission Statement of Vets Do Ask Do Tell:
The best way to access their website is to go to this page. If you're in Florida and you'd like to join me you can do so through the website. It's lonely being the Chapter Commander with no one in my Chapter.
I've jumped all over the place in this blog. I know that. I'm pissed, Invisible Reader. 131,000 homeless Veterans. Bullshit. That number is much higher and we all know it. The DVA knows it. Supposedly "they" are walking the streets, going into the tent cities, trying to "recruit" these Veterans, teaching them, telling them about their benefits, trying to help them. But tell me this. They feel betrayed. They feel used and abused. They don't trust the system. They don't trust anyone but their brothers and sisters they served with. Why should they trust these strangers coming into their camps? Why should they trust the very system that used them and then turned its collective back on them? Promises of money? Promises of a roof over their head? Where? In overcrowded homeless shelters? In the new Veterans shelters they are building? There isn't near enough room for all the Vets living on the streets.
Every day, every hour, every minute another Vet is homeless. Veterans are losing their homes because the VA is so backlogged it's taking forever to process our claims. The new GI Bill is a bust. Promises of money is a friggin' joke. Veterans are dying before claims and appeals are ever processed. And we should trust the DVA why? 131,000 homeless Veterans. Bullshit.
Until the next time ...
ONE HUNDRED THIRTY ONE THOUSAND. That number comes from the US Department of Veterans Affairs. 131,000 of our nations 24 million Veterans are homeless according to the DVA. I'm sitting here shaking my head in disbelief. Not because there are homeless Veterans. I know there are homeless Veterans. I see them all the time. They are sleeping in tent cities all over Florida. They are at the Salvation when I used to go to Ocala back when I was still being represented by the DAV (shudder). They are on the side of the road begging for money. They are sleeping on benches, under viaducts, on the beaches.
131,000. Bullshit.
I don't believe it. I think that number is way too low. I think the DVA is hiding the real number. There are thousands upon thousands of homeless Veterans who don't know they are entitled to benefits. I met one last week. Does the DVA know about her? Absolutely not. I gave her my name and my phone number. I told her I would help her. 131,001. Bullshit. That's just one Veteran. She was living in a campgrounds. She had enough money to stay there for two weeks. Hot showers. Other Veterans in the campgrounds were helping with food for her and her dog. I talked to the GM of the campgrounds to give her a Veterans discount that she didn't know she was entitled to. Hopefully they will refund some of the money that she paid for her campsite.
Wow... talk about odd coincidence ... as I was writing the last paragraph I received a text message from another Veteran friend of mine. I had reached out to her to try to get help for the young Veteran I met last week. You see, there is something unique about the young woman I met last week. She is a male to female transgender. She is very early in her transition. Do you think the VA wants anything to do with her? We can't even get the VA to recognize that the LGBT Community has specific needs that need to be addressed. Most of us are not even "out" to our health care facilitators. Anyway ... the friend I reached out to sent me a message to call "Maddie." I called Maddie and she wanted to thank me. Because I reached out to my friend, Maddie might have found a place to live, something she can afford on her social security income of $800 a month. One Veteran reaching out to another. Back to 131,000. According to the DVA. Oh wait, the DVA didn't know about Maddie.
There is an organization trying to get the DVA to recognize the LGBT Community. Right now I am the only member in the Florida Chapter. Other Chapters around the Country have had great success in getting VA Hospitals to open up LGBT Support Groups staffed by VA Psychologists. Here in Florida, I haven't had much luck. I was told that it's not possible when I spoke to the staff psychologists at my VA Hospital. I was told that it's "reverse discrimination." I was told they can't have "separate groups" based on gender, religion, etc. Other VA Hospitals can do it. Why not here in Florida? If you are interested in checking out the organization I'm talking about it's called Vets Do Ask Do Tell.
This is the Mission Statement of Vets Do Ask Do Tell:
The overall mission of the Vets Do Ask Do Tell, LLC is to bring awareness to and educate Lesbian, Gay, Bi-Sexual and Transgender veterans of the Veterans Administration programs that are targeted to their specific needs. To consolidate information important to these veterans and give National awareness and education about programs that may not be known by all LGBT veterans. To provide educational resources that may be needed to pursue benefits they are entitled to.
The best way to access their website is to go to this page. If you're in Florida and you'd like to join me you can do so through the website. It's lonely being the Chapter Commander with no one in my Chapter.
I've jumped all over the place in this blog. I know that. I'm pissed, Invisible Reader. 131,000 homeless Veterans. Bullshit. That number is much higher and we all know it. The DVA knows it. Supposedly "they" are walking the streets, going into the tent cities, trying to "recruit" these Veterans, teaching them, telling them about their benefits, trying to help them. But tell me this. They feel betrayed. They feel used and abused. They don't trust the system. They don't trust anyone but their brothers and sisters they served with. Why should they trust these strangers coming into their camps? Why should they trust the very system that used them and then turned its collective back on them? Promises of money? Promises of a roof over their head? Where? In overcrowded homeless shelters? In the new Veterans shelters they are building? There isn't near enough room for all the Vets living on the streets.
Every day, every hour, every minute another Vet is homeless. Veterans are losing their homes because the VA is so backlogged it's taking forever to process our claims. The new GI Bill is a bust. Promises of money is a friggin' joke. Veterans are dying before claims and appeals are ever processed. And we should trust the DVA why? 131,000 homeless Veterans. Bullshit.
Until the next time ...
Thursday, November 5, 2009
Let the journey begin
You know I've been watching the mailbox. Yesterday, IT finally came. The envelope from Sean Culliton, Esq. I had expected something much thicker and heavier, not this thin, lightweight letter. Mind you, it came in a standard legal size paper envelope. Numbers have never been my thing so the dimensions have slipped my mind at the moment. But you get the idea, don't you, Invisible Reader?
I looked at it for a few moments and then I put it down on my little table just outside my bedroom. I still was not yet ready to deal with it. Odd, I've been watching the mailbox since I got off the phone with Sean. Here I had it in my hands and I put it down to look at later. It doesn't make sense, does it?
I left it on the table and went online. I answered emails, poked around on Jim's Forum, Straight Talk for Military Veterans, watched a little television. Mostly the television was on for the noise. Not that I need tv for background noise. I live in a house with two young adults barely out of their teens, 11 birds and 5 dogs. There is plenty of noise in our house. Someone or something is always barking, screeching or yelling and it's usually an animal.
Finally I decided I was dragging it out just a bit too long ... sort of like this blog, eh, Invisible Reader? I went back in the house, grabbed the envelope and opened it. Inside were 16 pages of paperwork for me to go through. Just the thought of that was enough to make me break into a cold sweat. Part of my problem these days is that I have a very difficult time concentrating on any one task for very long. Often times, these blogs take me two or three days to write. Proofing them is a real bear because I have a difficult time comprehending what I've written. How about that, Invisible Reader? Half the time I can't even understand what I've written after I've written it. Blogging for me is blood, sweat and tears. It sounds cliche but I really do pour my heart and soul into each blog that I write.
The cover letter was easy enough to understand. Basically all it covered was a standard "Thank you for contacting my office ..." and then it listed the enclosures for me to review and sign. Those are:
Enclosure 1. Contract of Representation and Statement of Clients Rights: This was the longest of the documents and the most difficult for me to get through. I'm not stupid by any means. I'm college educated and some people even think I'm "intelligent." But as I explained two paragraphs ago, I have difficulties with concentration and comprehension these days. It's a combination of the medications I take and depression. I'm sure many of you can relate. I read through eight pages of the contract several times over, making notes about the parts I was having problems with. Then I went back to those parts I was having trouble with and read them again. I emailed Sean and asked him a couple of questions and he responded right away.
The contract itself covers everything from how much the attorney will be paid to how the attorney will be paid. It covers how expenses will be paid, what legal services are to be provided. It also addresses the responsibilities the attorney and client have to each other in terms of keeping the lines of communication open. (I like that part.) The contract gives the Department of Veterans Affairs the right the pay the Attorney directly out of the back pay if I win my case. It gives me the right to fire my Attorney but it tells me I have to pay him if I do. It says that there are no guarantees that the attorney will win this case for me.
That's the meat of the contract as I understand it. There's more stuff, of course, but in my opinion, those are the most important items.
Enclosure 2. Statement of Client's Rights: The title is self explanatory. A lot of legal terms explaining your rights. The introduction states. "This statement is not a part of the actual contract between you and your lawyer, but as a prospective client, you should be aware of these rights."
This document covered the fees a lawyer can charge a client, the time you have to cancel the contract, questions you have a right to ask when hiring an attorney. It states before signing a contingent fee contract, a lawyer must advise you whether the lawyer intends to handle the case alone or whether other lawyers will be assisting. (Good to know!) You, the client, have to right to consult with each lawyer who is working on your case. It covers how expenses are handled which is good to know. Are there adverse effects if your case is lost? You have the right to be told that as well. You, the client, have the right to receive and approve a closing statement at the end of the case before you pay any money. This must be in the form of a detailed statement. Of course, you have the right to know how your case is progressing! If a settlement is offered, you have a right to know about that and the decision is yours to make.
If at any time you believe that you have been charged an excessive or illegal fee, you have the right to report the matter to the (your state here) Bar, the agency that overseas the practice and behavior of all the lawyers in (your state here).
Enclosure 3. VA Form 21-22a, Appointment of Individual as Claimant's Representative: This is an easy one, Invisible Reader. At one time or other, most of us have filled this out before. This is what gives those VSO's or other representatives the right to prepare our claims and represent us.
Enclosure 4. VA Form 10-5345, Request for and Authorization to Release Medical Requests or Health Information: I've filled these out more times than I can count. Every time I submit a claim and have to pull medical records from all the places that I've been treated (I've moved all over the United Stated since I retired from the Army in 1994), I have to sign tons of these. I'm sure you have too, Invisible Reader, if you have a gypsy soul like I do.
Enclosure 5. SF 180, Request Pertaining to Military Records How many of THESE have we all filled out over the years and sent them off to St Louis trying to pull medical records, 201 Files, DD Form 214's, awards and decorations? Most of us think of St Louis as the black hole. We send off requests for records and we never hear anything back or we get replies back that our records were destroyed in the fire. The only thing I've had success with is getting copies of my DD214. For that I use the eVetrecs Link. I've been using it for years and I can usually get a DD214 in 4-6 weeks. But, the lawyer wants a signed copy of the SF180 so he's getting it.
I have to point out that while I was sorting through all this paperwork I had the ABC Soaps on in the background. Yes, I admit it. I am a soap opera addict and I have been since grade school. I have stuck with the ABC soaps and have never wavered from them. Over the last few weeks I have been so wrapped up in all my doctor appointments and Veterans activities that even though they are on in the background, I haven't been paying much attention to the story lines. It won't take much to catch up. In soap time I've probably only missed a day or two. General Hospital was on and I happened to look up at the television in time to see two of the characters (I'm not even sure who they were but a quick peek to my favorite soap website will tell me) up to their necks in what appeared to be very cold water. It looked like they were on the verge of drowning but they were fighting to stay afloat and alive. In that one moment, that was how I felt as I sat there going through all those legal documents. Looking at them I knew exactly how they might have felt if what I was watching had been real. It was torture trying to keep it together and figure it out.
The final enclosure. HIPPA Release and Authorization: I think by now most of us now what "HIPPA" is, at least in concept. It's that law that means that I can't call the hospital anymore and ask how my best friend in bed number 4B is doing after her car accident. This release authorizes anyone to release information to or speak to my attorney about any or all of my health care issues.
Just as it took me several hours to decipher the letter from my attorney, it's taken me several hours to write the last few paragraphs. I'm sure I oversimplified much of the text of the documents, but you should have the basic idea of the contract. It seems to be a fairly straight forward contract. It spells everything out clearly enough once you get through the legal jargon. There are protections built into the contract for both of us. He gets paid if I get paid. If he screws me over and I'm smart enough to catch him at it (there's the catch, Invisible Reader), he's in for the ride of his life. I've signed the releases so he now has access to my entire military and medical history.
A very wise man said to me recently (& he knows who he is, Jim), I have to be able to let go of my claim and let Sean do the work. I was an Admin NCO in the Army. After the Army I managed high dollar businesses for a living. I even went into Army recruiting as a civilian for a while. I'm used to being in charge of details. I let go of my claim to the DAV. I trusted them and they screwed me. They failed to do the job I hired them to do. Letting go is something I will have to get used to. Trusting is something I will have to learn. (I'm drowning here.)
On another note. An anonymous poster left a comment on my last blog that I rejected. This anonymous poster said that while I sound, "literate and organized" (gee, thanks) he sees no reason why I cannot work. He said that he is 70% and works every day and he is sure there is some kind of work out there that I can do. He said that he would not request 100% IU and neither should I.
I rejected his post. I can't stand a coward. If you have something to say to me, at least have the guts to put your name to it. Thanks, I think, for your offhand compliment. I'm "literate and organized"? Ya think? What does that have to do with anything? If you are able to work at 70%, that's great, pal. More power to you. Congrats.
Guess what. I am not you. My guess is you are one of those VSO's out there who tells Veteran's like myself that it can't be done. You are one of those VSO's who won't work hard for a fellow Veteran. I make this assumption based on your statement about the "facts of my case" that you commented on. I'll tell you what, fellow, when you've walked a mile in my shoes .... oh, wait ... I can't walk one block ... never mind. Moot point.
Until the next time ....
I looked at it for a few moments and then I put it down on my little table just outside my bedroom. I still was not yet ready to deal with it. Odd, I've been watching the mailbox since I got off the phone with Sean. Here I had it in my hands and I put it down to look at later. It doesn't make sense, does it?
I left it on the table and went online. I answered emails, poked around on Jim's Forum, Straight Talk for Military Veterans, watched a little television. Mostly the television was on for the noise. Not that I need tv for background noise. I live in a house with two young adults barely out of their teens, 11 birds and 5 dogs. There is plenty of noise in our house. Someone or something is always barking, screeching or yelling and it's usually an animal.
Finally I decided I was dragging it out just a bit too long ... sort of like this blog, eh, Invisible Reader? I went back in the house, grabbed the envelope and opened it. Inside were 16 pages of paperwork for me to go through. Just the thought of that was enough to make me break into a cold sweat. Part of my problem these days is that I have a very difficult time concentrating on any one task for very long. Often times, these blogs take me two or three days to write. Proofing them is a real bear because I have a difficult time comprehending what I've written. How about that, Invisible Reader? Half the time I can't even understand what I've written after I've written it. Blogging for me is blood, sweat and tears. It sounds cliche but I really do pour my heart and soul into each blog that I write.
The cover letter was easy enough to understand. Basically all it covered was a standard "Thank you for contacting my office ..." and then it listed the enclosures for me to review and sign. Those are:
Enclosure 1. Contract of Representation and Statement of Clients Rights: This was the longest of the documents and the most difficult for me to get through. I'm not stupid by any means. I'm college educated and some people even think I'm "intelligent." But as I explained two paragraphs ago, I have difficulties with concentration and comprehension these days. It's a combination of the medications I take and depression. I'm sure many of you can relate. I read through eight pages of the contract several times over, making notes about the parts I was having problems with. Then I went back to those parts I was having trouble with and read them again. I emailed Sean and asked him a couple of questions and he responded right away.
The contract itself covers everything from how much the attorney will be paid to how the attorney will be paid. It covers how expenses will be paid, what legal services are to be provided. It also addresses the responsibilities the attorney and client have to each other in terms of keeping the lines of communication open. (I like that part.) The contract gives the Department of Veterans Affairs the right the pay the Attorney directly out of the back pay if I win my case. It gives me the right to fire my Attorney but it tells me I have to pay him if I do. It says that there are no guarantees that the attorney will win this case for me.
That's the meat of the contract as I understand it. There's more stuff, of course, but in my opinion, those are the most important items.
Enclosure 2. Statement of Client's Rights: The title is self explanatory. A lot of legal terms explaining your rights. The introduction states. "This statement is not a part of the actual contract between you and your lawyer, but as a prospective client, you should be aware of these rights."
This document covered the fees a lawyer can charge a client, the time you have to cancel the contract, questions you have a right to ask when hiring an attorney. It states before signing a contingent fee contract, a lawyer must advise you whether the lawyer intends to handle the case alone or whether other lawyers will be assisting. (Good to know!) You, the client, have to right to consult with each lawyer who is working on your case. It covers how expenses are handled which is good to know. Are there adverse effects if your case is lost? You have the right to be told that as well. You, the client, have the right to receive and approve a closing statement at the end of the case before you pay any money. This must be in the form of a detailed statement. Of course, you have the right to know how your case is progressing! If a settlement is offered, you have a right to know about that and the decision is yours to make.
If at any time you believe that you have been charged an excessive or illegal fee, you have the right to report the matter to the (your state here) Bar, the agency that overseas the practice and behavior of all the lawyers in (your state here).
Enclosure 3. VA Form 21-22a, Appointment of Individual as Claimant's Representative: This is an easy one, Invisible Reader. At one time or other, most of us have filled this out before. This is what gives those VSO's or other representatives the right to prepare our claims and represent us.
Enclosure 4. VA Form 10-5345, Request for and Authorization to Release Medical Requests or Health Information: I've filled these out more times than I can count. Every time I submit a claim and have to pull medical records from all the places that I've been treated (I've moved all over the United Stated since I retired from the Army in 1994), I have to sign tons of these. I'm sure you have too, Invisible Reader, if you have a gypsy soul like I do.
Enclosure 5. SF 180, Request Pertaining to Military Records How many of THESE have we all filled out over the years and sent them off to St Louis trying to pull medical records, 201 Files, DD Form 214's, awards and decorations? Most of us think of St Louis as the black hole. We send off requests for records and we never hear anything back or we get replies back that our records were destroyed in the fire. The only thing I've had success with is getting copies of my DD214. For that I use the eVetrecs Link. I've been using it for years and I can usually get a DD214 in 4-6 weeks. But, the lawyer wants a signed copy of the SF180 so he's getting it.
I have to point out that while I was sorting through all this paperwork I had the ABC Soaps on in the background. Yes, I admit it. I am a soap opera addict and I have been since grade school. I have stuck with the ABC soaps and have never wavered from them. Over the last few weeks I have been so wrapped up in all my doctor appointments and Veterans activities that even though they are on in the background, I haven't been paying much attention to the story lines. It won't take much to catch up. In soap time I've probably only missed a day or two. General Hospital was on and I happened to look up at the television in time to see two of the characters (I'm not even sure who they were but a quick peek to my favorite soap website will tell me) up to their necks in what appeared to be very cold water. It looked like they were on the verge of drowning but they were fighting to stay afloat and alive. In that one moment, that was how I felt as I sat there going through all those legal documents. Looking at them I knew exactly how they might have felt if what I was watching had been real. It was torture trying to keep it together and figure it out.
The final enclosure. HIPPA Release and Authorization: I think by now most of us now what "HIPPA" is, at least in concept. It's that law that means that I can't call the hospital anymore and ask how my best friend in bed number 4B is doing after her car accident. This release authorizes anyone to release information to or speak to my attorney about any or all of my health care issues.
Just as it took me several hours to decipher the letter from my attorney, it's taken me several hours to write the last few paragraphs. I'm sure I oversimplified much of the text of the documents, but you should have the basic idea of the contract. It seems to be a fairly straight forward contract. It spells everything out clearly enough once you get through the legal jargon. There are protections built into the contract for both of us. He gets paid if I get paid. If he screws me over and I'm smart enough to catch him at it (there's the catch, Invisible Reader), he's in for the ride of his life. I've signed the releases so he now has access to my entire military and medical history.
A very wise man said to me recently (& he knows who he is, Jim), I have to be able to let go of my claim and let Sean do the work. I was an Admin NCO in the Army. After the Army I managed high dollar businesses for a living. I even went into Army recruiting as a civilian for a while. I'm used to being in charge of details. I let go of my claim to the DAV. I trusted them and they screwed me. They failed to do the job I hired them to do. Letting go is something I will have to get used to. Trusting is something I will have to learn. (I'm drowning here.)
On another note. An anonymous poster left a comment on my last blog that I rejected. This anonymous poster said that while I sound, "literate and organized" (gee, thanks) he sees no reason why I cannot work. He said that he is 70% and works every day and he is sure there is some kind of work out there that I can do. He said that he would not request 100% IU and neither should I.
I rejected his post. I can't stand a coward. If you have something to say to me, at least have the guts to put your name to it. Thanks, I think, for your offhand compliment. I'm "literate and organized"? Ya think? What does that have to do with anything? If you are able to work at 70%, that's great, pal. More power to you. Congrats.
Guess what. I am not you. My guess is you are one of those VSO's out there who tells Veteran's like myself that it can't be done. You are one of those VSO's who won't work hard for a fellow Veteran. I make this assumption based on your statement about the "facts of my case" that you commented on. I'll tell you what, fellow, when you've walked a mile in my shoes .... oh, wait ... I can't walk one block ... never mind. Moot point.
Until the next time ....
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