As of
2007, congress passed legislation that paved the way for professional advocates to charge reasonable fees to offer representation.
Now these disabled veterans are free to choose. If they want the best, they are free to pay top
dollar to get the best. There is no guarantee though. The DAV is certainly a leader
in issues pertaining to disabled veterans and for decades held the prestigious title of being the best in professional representation.
While I understand their need to preserve this reputation, they are clearly incapable of meeting the advocacy needs
of all our countrys disabled veterans. Last year at their national convention they passed a resolution
to lobby for capping fees on professional advocates. Unlike
social security advocacy, which is capped at $6k, the VAs benefits delivery system is significantly more complex and time
consuming. Many veterans have pursued their benefits stemming across decades. Those
with the most complex cases with two or three hundred thousand dollars at stake stemming across 20 years or more of being
forced to live in poverty while waiting for the VA to get it right stand to be harmed the most by putting a cap on fees.
Most of these disabled veterans were represented by organizations like the DAV and may not be satisfied with their
current representation. Putting a cap on fees would limit their choices in representation.
The effect would be those individuals who need the most help find fewer choices in representation, often limited to
the free services. Disabled veterans have a right to choose representation. No cap is reasonable when a
disabled veteran needs the best representation, he or she should be free to pay top dollar to secure the best.
As for reasonableness
of fees, an arbitrary cap on fees is not reasonable. The current process requires all executed fee agreements
to be submitted to the VAs Office of General Counsel (OGC) within 30 days. When fees are awarded, the VA
gives the veteran 60 days to challenge the reasonableness of the fees for any reason before the fees are paid to the professional
advocate. OGC has the authority to find a fee agreement exceeds the reasonableness standard and adjust
accordingly. The current system already protects disabled veterans from predatory advocates.
Capping fees would not benefit or protect anyone, but will harm those disabled veterans who need professional assistance
the most and runs contrary to the plight of the modern disabled veterans, who prefer choice.
Allen Gumpenberger is an experienced advocate that has a reputation of getting results in a reasonable amount of time.
He is an experienced former Veterans Service Officer and independent accredited agent who has been advocating for veterans
for nearly 20 years. He served in the Navy as a
paralegal from 1994 to 1996. During that time, Gumpenberger received a Certificate of Commendation from the Regional Physical
Evaluation Board for his legal service to disabled sailors, marines and their families, and for his compassion and dedication
in obtaining the best possible result on their behalf. Following his military service, he worked for a the Disabled American
Veterans preparing and prosecuting veterans claims before various Department of Veterans Affairs (VA) regional offices and
the Board of Veterans Appeals.
In April 2010, he joined Freedom Disability and helped launch Alpha, a veteran's advocacy group, where he continued
to build on his successful reputation in securing benefits for our nation's disabled veterans and their survivors. While there,
he successfully trained several veterans the craft of veterans advocacy and helped established the nationally recognized organization. Now, he has launched a new enterprise where he will directly apply his extensive experience and skill to help
disabled veterans and their surviving spouses obtain the benefits they deserve through sacrifice and service.
"It is indeed a privilege to assist my fellow disabled veterans and their families. I'll give
you straight answers and guide you through the complex disability compensation system."
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