Should i be speaking to an attorney?
- Thread starter Bob91
- Start date
When a military attorney will step in varies by service. If your service's attorney will talk to you, then yes!
AF member at the IRILO stage. I wondered the same thing. A local private attorney told me they only get involved once in the formal PEB process. Similar response from the AF lawyers at Lackland AFB when I called them. If you have concerns with how you are being submitted for MEB/PEB or legal issue with how med group is proceeding when initially referring you, there may be a good reason to seek legal advice early. The AF lawyers will talk to you now, they just cannot represent you yet and may limit what they are willing to offer an opinion on. Local Area Defense Counsel was my first stop and gave good advice, referral to other resources and were a good sounding board to see if what I wanted to happen made sense.
AF in IDES now. Office of the Airman's Council said to reach back to them after IPEB findings. Until then there is nothing they can really do due to lack of a decision and/or ratings.
Jason Perry
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I could not disagree more with this position (but, it is an accurate statement of the OAC's position- which I think is driven by available number of attorneys and not the needs of the client).
Early representation can help with deciding on a realistic early set of goals and with shaping the case (that is, what your arguments will be and how to gather evidence to support your goals early in the process). The downside of early representation is that it will often mean seeking a civilian attorney and that will generally mean you will have to pay for legal services. Not every case needs early representation (or much representation at all). As always, the facts and circumstances of each case must be considered and it makes sense to do a cost/benefit analysis. I have seen many cases where folks made early mistakes that haunted them throughout the process and resulted in a poor outcome that could have been avoided with early representation.
If you include more specific details about your conditions and desired outcome, you may get more pertinent advice. Please do not give up your anonymity if you choose to do this.
The thing to do now is educate yourself about the process. I recommend this website and http://www.militarydisabilitymadeeasy.com/ as a starting point. Then I would read your service's regulations concerning the IDES process, VA regulations concerning disability (38 CFR Part 4), VA DBQs, etc.
Your focus, aside from education, is to get better by visiting medical providers when you have symptoms/problems and following their advice. Documentation is the key to obtaining your desired outcome. Your records meet the various boards -- you may only meet the FPEB. Unless you wish to have a fit finding; sucking it up will not help you.
There is most likely a significant amount of money riding on the outcome of this. Civilian attorney fees seem expensive; not obtaining your goals can easily be much more expensive.
There are reasons to hire an attorney before the IDES process even begins, but this doesn't apply to most people -- however, it may apply to you. Once you are in the IDES process, you should make a decision concerning an attorney. Many folks wait until they receive an outcome they don't desire to hire an attorney and then it is more difficult and less likely for their attorney to obtain the desired outcome.
Questions that may help shape your decision:
1. How contentious is my issue(s)?
2. Do I understand the process, regulations, laws, case law, previous board decisions, that affect my desired outcome?
3. Will I regret not hiring a lawyer if I do not receive the outcome I desire? Will any outcome be OK?
4. Can I afford not to?
Hopefully more people will chime in with questions to help folks make this important decision.
YMMV.
The thing to do now is educate yourself about the process. I recommend this website and http://www.militarydisabilitymadeeasy.com/ as a starting point. Then I would read your service's regulations concerning the IDES process, VA regulations concerning disability (38 CFR Part 4), VA DBQs, etc.
Your focus, aside from education, is to get better by visiting medical providers when you have symptoms/problems and following their advice. Documentation is the key to obtaining your desired outcome. Your records meet the various boards -- you may only meet the FPEB. Unless you wish to have a fit finding; sucking it up will not help you.
There is most likely a significant amount of money riding on the outcome of this. Civilian attorney fees seem expensive; not obtaining your goals can easily be much more expensive.
There are reasons to hire an attorney before the IDES process even begins, but this doesn't apply to most people -- however, it may apply to you. Once you are in the IDES process, you should make a decision concerning an attorney. Many folks wait until they receive an outcome they don't desire to hire an attorney and then it is more difficult and less likely for their attorney to obtain the desired outcome.
Questions that may help shape your decision:
1. How contentious is my issue(s)?
2. Do I understand the process, regulations, laws, case law, previous board decisions, that affect my desired outcome?
3. Will I regret not hiring a lawyer if I do not receive the outcome I desire? Will any outcome be OK?
4. Can I afford not to?
Hopefully more people will chime in with questions to help folks make this important decision.
YMMV.
@Jason Perry
You are spot on! The one thing about my MEB/PEB that was most disappointing was the OAC would not talk to me early in the process. At that point in my life, I was so sick I could barely walk, my short term memory was poor and my executive thinking was all but gone. When a person is in that shape; they need an advocate. The OAC is not properly representing Airmen due to their failure to engage at the earliest possible moment to advocate for their clients!
I have ptsd and depression that are duty related, I want to get out of the military and try to put all of this in the past. besides that I'm not sure what outcome I would want or should expect. Besides one doctor, I think ive been treated fairly and I'm still just waiting to hear back from the invisible wounds down in lackland.
The AF just opened an invisible wounds unit in Florida.
TOTALLY AGREE! I understand that resources are limited but why we expect injured and limited warriors to go through this process impaired and hold these impaired decisions so accountable terms of life benefits boarders on neglect. I remember sitting through a workshop and not retaining a single piece of information, I was feeling so bad that day that when I went back to actually clarifying some handouts I had gotten, I couldn't remember what building, floor or room I had spent the day in. We wouldn't allow others this impaired to legally sign contracts but we let it fly with people with medical conditions going through stressful situations that make that condition worse. And we hold those members accountable if they make a mistake, but the system isn't designed to take in those considerations. And it isn't just military legal that has that party line of waiting for your findings, it's several of the supporting organizations as well. Resources are limited for everyone, so depending on your situation, why wouldn't you get representation? Again depending on your situation, this process maybe one of the most important, difficult, stressful, and last impacting things that you will do for yourself and your family, having a GOOD attorney by your side from the beginning could be worth it's weight in gold, just in terms of stress relief.
You are probably right, all I know is that I wish there was a better way. And I wish that nobody that loves their country has to go through the process how it currently works. I also feel bad for the junior people who don't have the resources or the resources.
I do try and remind myself on a daily basis that we do HAVE a system that does try and take care of us. It might not be perfect, but what is, what other country places such a high value on a all volunteer force? I am grateful for these things and I try to keep them in the forefront, but it doesn't mean we can't improve and it doesn't mean that this is hard as shit. But direlection might be a better word, so thank you.
I had a great PCM, no one could have been better. Also a supportive Wing Commander. But legal counsel was AWOL.