Welcome to the agent and
attorney fee overview training.
This course provides a high level
overview of some of the recent changes
related to the attorney fee process.
The goal of this training is to
explain the procedural migration from
M21 one to M21 five and introduce
some of the major changes to the
agent and attorney fee process
addressed in M21 five Chapter 8.
Which include the application
of the 30 day rule.
Agent and attorney fees and
supplemental claims.
Fees payable on clear and
unmistakable errors.
The failure to withhold process
and an overview of the current
fee process initiated on
or after July 25th, 2022.
The references for today's
training are M21 five Chapter 8,
section A introduction to fees,
M 21, five Chapter 8. Section B.
Processing a case seeking
direct payment of fees.
I'm 21 five resources page
38 CFR, 14.636 in the Appeals Modernization
Act of 2017, also known as AMA.
And June 1st, 2022,
the Office of Administrative Review,
also known as OAR,
took on the procedural jurisdiction
of the attorney fee process.
On July 25th, 2022, OAR published I'm
21 five appeals and reviews Chapter
8 agent and attorney fee processing.
This is an entirely new chapter in the M21,
five that replaced guidance
formerly located in M21 one.
Adjudication and procedures Manual Part 1,
subpart one, Chapter 2, section C&amp;D.
This overview training will cover
some of the major changes found in M21
five Chapter 8 that were not addressed
in the related sections of M21 one.
Although I'm 2158, A 1F indicates
that generally a fee agreement must
be filed with the agency of original
jurisdiction within 30 days of both
the claimant and either the agent or
attorney signing the fee agreement.
There is an exception to the rule.
If TVA receives and associates a
fee agreement with the correct file
before the award is authorized,
even if the fee agreement was signed
outside of the 30 day window,
the fee agreement should be accepted
as valid.
Knowledge. Check one.
Let's review an example together.
In this scenario, VA receives VA form
21-22A appointment of individual as
claimants representative and a higher
level review, also known as an HR.
On January 14th, 2022.
Subsequently, on July 1st, 2022,
VA receives a fee agreement.
The speed agreement in this
example was signed by the veteran
and their accredited attorney on.
February 17th, 2022.
Stage R is rated and authorized
on July 6, 2022.
The question.
Is the fee agreement considered valid?
And the answer is that yes, it is.
Although the fee agreement was
signed several months before it was
submitted to VA, the fee agreement.
Was submitted and associated
with the veterans Efolder prior
to authorization of the HLR.
And therefore the claim processor
was able to successfully review
the attorney fee and withhold
the appropriate fee amount.
I'm 21 and
58A1H discusses collecting fees for
supplemental claims. On July 30th, 2021.
The US Court of Appeals invalidated
38 CFR 14.636 C One I because it
was inconsistent with aspects of
the Appeals Modernization Act.
As a result of this ruling,
attorney fee eligibility now
applies to all supplemental claims.
Specifically, the ruling applies
to fee decisions on underlying
claims processed under AMA on
or after July 30th, 2021.
I'm 21, five chapter 8A1J discusses
requests to revise fees in
situations involving a clear and
unmistakable error or CE for short.
Please note that fees are payable if
a claimant request to revise a prior
decision on the basis of a CEO and
the notice of that issue decision
was on or after February 19th, 2019.
The date that AMA went live.
Fees are also payable if the claimant
requests revise prior decision based
on a CE issued before February 19th,
2019 and the legacy notice
of disagreement was filed.
On the challenge decision on
or after June 20th. 2007.
However, these are not payable
if VA and not the claimant,
identifies and corrects an
error by calling the CEO.
In these situations,
a decision to deny fees is required.
Knowledge. Check. Two. Let's
look at another example together.
A draw was working on an LR.
Where the veteran requested an increase
in a service connected condition.
During the review,
the drone discovered that a prior claim
granted an incorrect effective date.
The drug called to see we
granting an earlier effective
date on that prior reading.
The question. Is the agent or
attorney in this case eligible for
additional fees based on that CE?
And the answer is no.
In this scenario, the drove
discovered that VA made a mistake.
And took corrective action
to fix the mistake.
The CU was not brought up by the
veteran or their representative,
and therefore the representative
in this case is not eligible for
additional fees based on the grant
of an earlier effective date.
If they fail to properly withhold
funds for the attorney fee and
released all of the retroactive
benefit back to the claimant.
Then the AFC. Needs to follow
the instructions in the table in
M 2158 B 6C to process
the failure to withhold.
The FCC must establish and use an EP600
with claim label predetermination
notice non rating and a 65 day
suspense to track to track the due
process for the failure to withhold.
Once the due process expires,
the AFC must complete and send the
fee release memo to finance in order
to initiate an O6B transaction.
To pay that agent or attorney and
establish a debt on the claimant.
The current agent and attorney
fee process applies to K.
This is where the withholding was
completed on or after July 25th, 2022.
Please note that all accrued and
month of death cases are currently
excluded from the current process.
This means that all accrued month
of death and other attorney fee
cases where the withholding was
established prior to July 25th,
2022 must be worked using the legacy process.
Under the legacy process,
the AFC must continue sending
the withholding through finance,
and the AFC should continue using
the legacy calculator and release
memo for those legacy cases.
As mentioned on the previous slide,
the current process applies to cases
where the withholding was established
on or after July 25th, 2022.
This slide covers some of the notable
changes associated with the current process.
First, the automation of the
withholding and the current process.
The AFC will input the fee amount into
VBMS A and once the award is authorized,
the withholding will be automatically in
place without interaction with finance.
Once again, as a reminder for
accrued and month of death cases,
AFC's should continue using the legacy
process and send through finance.
Next to our updated the existing
agent and attorney fee calculator
and created a standardized fee
release memo for the case is
completed under the current process.
These new tools should only be
used with cases completed entirely
under the current process.
The legacy calculator is still
available on OAR's agent and
Attorney Fee resource page.
And finally Orior also updated.
Some of the system compliance
related to attorney fee tracking
under the current process.
One VA receives a fee agreement.
The potential attorney fee corporate
flash should be added to the record.
The flash should be added by intake,
otherwise, as soon as someone identifies.
That the the fee agreement is in the file.
This corporate flash should
let claims processors know that
agent and attorney fee action
might be necessary on that claim.
And once an AFC reviews the claim,
they should do the following.
If the AFC deems that the 2122A
and the fee agreement are valid,
the AFC should remove the potential
corporate flash and instead add the
private attorney fees payable flash.
However, if the AFC identifies
that something is missing,
they should follow the steps outlined
in M 2158 C 3D to send the appropriate.
Invalid letter to the agent or attorney.
And the AFC should then add a VMS
note explaining why the fee agreement
is invalid and remove the potential
attorney fee flash from the record.
Knowledge check 3. Let's look
at another example together.
In this scenario,
an AFC completed the agent attorney
fee calculator on July 10th, 2022.
Finance established the
withholding on July 23rd, 2022.
The question is,
should the AFC use the current
fee release memorandum upon
expiration of the due process?
And the answer is no. Because.
The withholding was completed in the
legacy financial system and therefore
finance cannot use the current
financial system to release funds.
If the withholding was completed
prior to July 25th, 2022,
it was completed in the legacy system,
which means that finance will need to
use the legacy system to release the
funds upon expiration of the due process.
Therefore, using the
current fee release memo.
Could confuse finance because
they are accustomed to using the
current financial system when they
received the current release memo.
In summary, this training covered
the migration of the agent and
attorney fee procedures from the
M21 one to M21 five and went
over some of the most notable.
Changes and I'm 21 five.
That were not previously in M21 one.
Traditional information, job AIDS,
training materials and other
agent and attorney fee resources.
Navigate to OAR's agent and
attorney Fee resource page by
clicking the link on this slide.
If there are any questions on this process.
Please begin by discussing locally
with other subject matter experts,
quality reviewers and management as needed.
And if those questions
cannot be resolved locally,
management can send them to OAR.
Program administration corporate box at OAR.
Admin dot VBA.
Ws@va.gov.
Satisfaction survey has been
assigned to you in TMS.
Be sure to complete the
survey to receive credit for
this training. Thank you.