EAJA: Victory at the Court of Appeals for Veterans Claims without Expensive Legal Fees
Find out how the Law Office of James R. Booth can help you navigate the complexities of your case before the CAVC without any out of pocket legal fees thanks in full to the Equal Access to Justice Act.
Understanding EAJA Fees: How You Can Hire an Attorney for Free to Fight Your Veterans Claims
If you’re a veteran with a pending claim before the Court of Appeals for Veterans Claims (CAVC), you might be worried about how much it would cost to hire an attorney. Legal battles can be expensive, and you may feel like you can’t afford the help you need. However, thanks to the Equal Access to Justice Act (EAJA), you can hire an attorney like me to represent you without paying any fees out of your pocket. Let me explain how this works and why it may be a great option for you.
What is the Equal Access to Justice Act (EAJA)?
The EAJA is a law that Congress passed in 1980 to help people like you have a fair chance when fighting legal cases against the U.S. government. The law recognizes that it’s usually very expensive to go up against the federal government, and most individuals can’t afford the high costs. Under the EAJA, if you win your case, the government will pay your attorney’s fees. This makes it possible for you to get the legal representation you need without worrying about the cost.
How Does EAJA Work for Veterans?
When you hire me to represent you in your appeal at the CAVC, here’s how the process works under the EAJA:
No Upfront Fees: You don’t have to pay me anything upfront. I work on a contingency basis, which means I only get paid if I win your case.
Winning Your Case: To win under the EAJA, we need to show that you are the prevailing party in your case. This usually means getting your claim remanded (sent back) or reversed by the Court.
Government’s Position Not Substantially Justified: You need to demonstrate that the position taken by the VA in your case was not "substantially justified." This means the VA's stance lacked a reasonable basis in law and fact.
Eligibility Requirements: You must meet certain eligibility criteria, which typically include having a net worth below a specified threshold at the time the case was filed (e.g., less than $2 million for individuals).
Government Pays the Fees: If we win, I will apply for my fees to be paid by the VA under the EAJA. The government will cover the costs, not you.
Timely Application: If EAJA fees are warranted, I will file an application within 30 days of the final judgment in your case becoming non-appealable. This includes a detailed statement of the fees and expenses claimed.
What Happens After We Win?
If we win your case at the CAVC and get paid through the EAJA, the process doesn’t stop there. Often, the case will go back to the Board of Veterans’ Appeals or a Regional Office for further action.
Why Hire an Attorney?
Navigating the appeals process can be complicated and overwhelming, especially when dealing with the VA. Hiring an experienced attorney can significantly increase your chances of success. I can help you understand the legal landscape, build a strong case, and advocate on your behalf, ensuring you have the best possible chance of winning your appeal.
In Conclusion
You don’t have to fight your battle alone or worry about the cost of hiring an attorney. Under the EAJA, you can hire me to represent you without any financial risk. If we win, the government pays the fees. If we don’t win, you owe me nothing. This arrangement ensures you have access to the legal help you need without the stress of additional expenses.
If you have a pending claim before the CAVC and are considering legal representation, I am here to help. Feel free to reach out to discuss your case and learn more about how I can assist you in your fight for the benefits you deserve. Contact James today!
