My father was injured during military service and I am his caregiver. Will a VA disability attorney charge us more than we have?

That is actually two questions. The first question, how much can a VA disability attorney charge, varies with each attorney. By law, disability attorneys cannot charge more than 33 percent of a veteran’s past due disability benefits. The VA will only withhold and pay directly to attorneys twenty percent of the past due benefits. Cuddigan Law only charges and collects fees that have been approved. The amount charged is paid with the money from your benefits if (and when) your attorney wins approval. The benefit of this system is that it is less risky for veterans, as they will not have to pay an attorney until (and unless) they have won the funds to do so.

The second question--how much do we have?--is equally important. Disabled veterans who rely on a caregiver for their daily living activities are entitled to many forms of benefits, both within and beyond the VA. One of the biggest benefits the VA offers is Aid and Attendance, a pension benefit that can help pay for long-term care.

Here are a few basic facts about getting Aid and Attendance through the VA:

  • Who qualifies? Veterans who have served 90 days or more in service and at least one day in wartime, and their spouses.
  • What does it pay for? Assisted living facilities, nursing home costs, payments to in-home caregivers other than spouses (including sons and daughters who provide daily care).
  • How much does it pay? Veterans can be paid up to $2,019 per month, while surviving spouses can collect up to $1,094 per month—or between $13,128 and $24,228 per year.

Is it Worth it to Hire a VA Attorney?

While you can apply for pension benefits without legal help, an attorney can be invaluable when it comes to maximizing your monthly payments. There are many types of benefits that veterans and their families qualify for, but are not aware of.

At Cuddigan Law, we help veterans get much-needed income from a variety of benefit sources, taking the worry out of paying monthly bills and costs of care. Call us today to find out how we can help, or click here to read through a free copy of our book, The Essential Guide to VA Disability Claims.

 

Sean D. Cuddigan
SSA and VA Disability Attorney in Omaha, Nebraska