Reply #19: FL-13 Candidate is fighting with us... [View All]

[Max Rollins]

Just got this press release from the campaign... looks like she means it..

PRESS RELEASE

For Immediate Release
May 18, 2006
Contact: Jan Schneider, 941-957-1950


FIGHT FOR VETERANS: SUPPORT THE TRI-PARTISAN VETERANS' CHOICE OF REPRESENTATION ACT

Men and women in our armed forces risk their lives for us, but they are denied legal representation -- at least in pursing their benefits before the Department of Veterans Affairs. Please write to your Senators and Congressional representatives in support of pending legislation to eliminate this absurdity and assist countless numbers of veterans and their families.

Way back during the Civil War, in 1862, Congress enacted a statute imposing a $5 restriction on fees to lawyers or other agents assisting veterans in applying for pensions, allowances and other benefits. Two years later the limit was raised to $10 -- and there it remained for 124 years. The paternalistic intent of this legislation was apparently to prevent unscrupulous lawyers from bilking veterans.

In 1988 Congress passed legislation getting rid of the $10 cap and creating a Court of Veterans Appeals. The same statute, however, prohibited veterans from hiring a lawyer prior to completion of a complex VA administrative process culminating in a final decision by the Board of Veterans Appeals. Many a viable case is lost long before that stage -- often on technicalities that cannot be remedied when a veteran is finally entitled to retain a lawyer. The problem has recently become ever more pressing, due to the increasing complexity and number of disability claims resulting from the war in Iraq.

Legislation currently before Congress would remedy this situation. On March 9, 2006, Representatives Lane Evans (D-IL) and Shelley Berkley (D-NV) introduced the Veterans Choice of Representation Act, H.R. 4914, which is cosponsored by Representative Bob Filner (D-CA). On May 2, 2006, Senators Larry Craig (R-ID) and Lindsey Graham (R-SC) introduced a companion bill, S.2694, which is cosponsored by Senators Kay Bailey Hutchison (R-TX) and James Jeffords (I-VT). Both bills state as their purpose "to remove certain limitations on attorney representation of claimants for veterans benefits in administrative proceedings before the Department of Veterans Affairs, and for other purposes." The Senate Committee on Veterans' Affairs has scheduled a hearing on S.2694 for May 25, 2006

The American Bar Association agrees that the present law is an affront to veterans. On February 14, 2005, the ABA House of Delegates unanimously resolved "That the American Bar Association unanimously supports legislation to repeal the statutory provision preventing veterans from paying an attorney to represent them in connection with claims for federal benefits." In no other agency of the federal government besides the VA, including the Social Security Administration, are applicants for benefits precluded from retaining lawyers.

For further information on this problem, please see the excellent article by my long-time friend and former colleague James C. McKay, Who Can Fight for the Soldiers?

Link: ( http://pqasb.pqarchiver.com/washingtonpost/access/973382211.html?dids=973382211:973382211&FMT=ABS&FMTS=ABS:FT&fmac=&date=Jan+22,+2006&author=James+C.+McKay&desc=Who+Can+Fight+for+the+Soldiers? ), in the Washington Post on January 22, 2006, p. B02. Jim, a World War II veteran and senior counsel at the Washington law firm of Covington & Burling, has represented many veterans seeking disability benefits on a pro bono basis.

Our veterans have risked their lives for us - let's fight for them!

P.S. Please help us fight for veterans. Please click on the following link to be connected to our website: http://www.VoteJan.com Thank you.

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Please forward this to your friends who also have interest in veterans' affairs. They too may wish to contact their Senators and Congressional representatives. Thanks again.

Friends of Jan Schneider
http://www.VoteJan.com