determination listed in M21-1, Part I, 3.C.5.a, a motion for a reasonableness review is appropriate when a claimant believes that the attorney or agent did not earn the fee called for in the fee agreement the fee is too high, or the fee is otherwise unreasonable. A reasonableness review must also be requested when eligibility to fees from past due benefits is established for multiple attorneys and/or agents. For more information on motions for reasonableness reviews see Reference: the OGC Fact Sheet “.” b. Time Limit OGC may only review the fee agreement on motion before the expiration of for Motions For 120 days after final VA action. Reasonableness Review In most cases final VA action means 120 days from the date of the fee eligibility decision. c. Statements Although requires that a motion be filed with OGC, when the claimant’s that Possibly claimant submits the following statements, immediately refer the matter to Constitute OGC for consideration as a request for reasonableness Requests for Reasonableness the attorney/agent fee amount or percentage is Review excessive, or unreasonable the attorney or agent did not earn the fee called for in the fee agreement the attorney or agent should be paid for fees only until the date the POA was revoked, or the claimant requests review for reasonableness, or the claimant does not want to pay the attorney or agent. The examples in this list are not exclusive. For example, a Important: document styled as a NOD in response to a RO decision finding an attorney or agent eligible for fees may also state, or be reasonable read as stating, that the claimant desires a reasonableness review. For more information on References: required referral for reasonableness review in cases involving multiple attorneys or agents, see M21-1, Part I, 3.C.6.d, and the RO process for referrals for reasonableness review, see M21-1, Part I, 3.C.6.f. d. Referral An RO eligibility determination under M21-1, Part I, 3.C.4 finding two or Required by more attorneys /agents eligible for payment of fees must be referred to OGC Fee Eligibility for a reasonableness review regardless of whether the claimant submits any for Multiple statement implicating reasonableness of fees.
determination listed in M21-1, Part I, 3.C.5.a, a motion for a reasonableness review is appropriate when a claimant believes that the attorney or agent did not earn the fee called for in the fee agreement the fee is too high, or the fee is otherwise unreasonable. A reasonableness review must also be requested when eligibility to fees from past due benefits is established for multiple attorneys and/or agents. Reference: For more information on motions for reasonableness reviews see the OGC Fact Sheet “.” b. Time Limit for Motions For Reasonableness Review OGC may only review the fee agreement on motion before the expiration of 120 days after final VA action. In most cases final VA action means 120 days from the date of the fee eligibility decision. c. Statements that Possibly Constitute Requests for Reasonableness Review Although requires that a claimant’s motion be filed with OGC, when the claimant submits the following statements, immediately refer the matter to OGC for consideration as a request for reasonableness the attorney/agent fee amount or percentage is excessive, or unreasonable the attorney or agent did not earn the fee called for in the fee agreement the attorney or agent should be paid for fees only until the date the POA was revoked, or the claimant requests review for reasonableness, or the claimant does not want to pay the attorney or agent. Important: The examples in this list are not exclusive. For example, a document styled as a NOD in response to a RO decision finding an attorney or agent eligible for fees may also state, or be reasonable read as stating, that the claimant desires a reasonableness review. References: For more information on required referral for reasonableness review in cases involving multiple attorneys or agents, see M21-1, Part I, 3.C.6.d, and the RO process for referrals for reasonableness review, see M21-1, Part I, 3.C.6.f. d. Referral Required by Fee Eligibility for Multiple An RO eligibility determination under M21-1, Part I, 3.C.4 finding two or more attorneys /agents eligible for payment of fees must be referred to OGC for a reasonableness review regardless of whether the claimant submits any statement implicating reasonableness of fees.