When should a svcmbr facing PEB hire an attorney?

Hello:

My attending physician, who put me in for a PEB, keeps suggesting I hire an attorney. Generally speaking, when should a member facing a PEB hire an attorney?

It's not a petty decision. I researched attorney costs online. They charge 20-33% of the final rating. That's anywhere between $6,500 to $33,000, not a trivial amount plus even regular military retirement doesn't = 'rich.'

(Note: I have a mental health 'existed prior to service and aggravated by combat duty' type case; 11 years of active duty).

 

[Provis]

Hello:

My attending physician, who put me in for a PEB, keeps suggesting I hire an attorney. Generally speaking, when should a member facing a PEB hire an attorney?

It's not a petty decision. I researched attorney costs online. They charge 20-33% of the final rating. That's anywhere between $6,500 to $33,000, not a trivial amount plus even regular military retirement doesn't = 'rich.'

(Note: I have a mental health 'existed prior to service and aggravated by combat duty' type case; 11 years of active duty).

Hire one very early in the process. That will get you maximum value as your attorney can help you gather medical evidence and review each part to include submitting appeals & rebuttals. A lot of Soldiers shoot themselves in the foot by hiring an attorney after things go bad. At that point you have much less of a chance to win. Also, there are only a couple attorneys that specialize in military disability. I would go with those ones and not a firm that does multiple things. This is very specialized and having someone that is an expert in this area is paramount.

 

[USNMarv3lg3mh33l]

Hire one very early in the process. That will get you maximum value as your attorney can help you gather medical evidence and review each part to include submitting appeals & rebuttals. A lot of Soldiers shoot themselves in the foot by hiring an attorney after things go bad. At that point you have much less of a chance to win. Also, there are only a couple attorneys that specialize in military disability. I would go with those ones and not a firm that does multiple things. This is very specialized and having someone that is an expert in this area is paramount.

Thank you very much. The is the first time I've gotten clear information that I can use to make a decision. Thank you again.

 

[chaplaincharlie]

Remember every branch of the service provides free legal counsel to members undergoing the PEB process. Many cases are very straight forward and perhaps do not need an outside attorney. I think the decision to go it alone, use a service provided attorney, or get outside counsel depends largely on the circumstances. But is never hurts to consult with a service provided counsel.

I agree with contacting service counsel early in the process. As for outside counsel, yes they can be very expensive, but lots of $$$ are on the line. I think outside counsel is a good choice in a number of circumstances. Including but not limited to the following:
1. You are just sort of 20 and need to get to 20 for CRDP.
2. You are a medic going through the process.
3. There is a reasonable case that secondary conditions should have been included as unfitting, but was not.

There are several attorneys on this page. Hopefully one of them can give a much better response. But in the majority of cases the system plus service provided counsel ought to be enough.

EDITED due to grammar and spelling errors.

 

[USNMarv3lg3mh33l]

Remember every branch of the service provides free legal counsel to members undergoing the PEB process. Many cases are very straight forward and perhaps do not need an outside attorney. I think the decision to go it alone, use a service provided attorney, or get outside counsel depends largely on the circumstances. But is never hurts to consult with a service provided counsel.

I agree with contacting service counsel early in the process. As for outside counsel, yes they can be very expensive, but lots of $$$ are on the line. I think outside counsel is a good choice in a number of circumstances. Including but not limited to the following:
1. You are just sort of 20 and need to get to 20 for CRDP.
2. You are a medic going through the process.
3. There is a reasonable case that secondary conditions should have included as unfitting, but where not.

There are several attorneys have on this page. Hopefully one of them can give a much better response. But in the majority of cases the sytem plus service provided counsel ought to be enough.

Very sound advice. I'm looking at the lawyers that @Provis provided. Also, when I go to base on Monday, I will make stopping by the legal support office a priority.

 

[FmrArmySci]

Hi. New here. Thanks. What were the lawyers @Provis suggested, or can they be suggested here? I was just IDES counseled last week after a P3 that occurred at 19 yrs and 4 mo AFS. I had 3 weeks of approved leave for next month that was cancelled due to this recent IDES MEB process beginning, but on the premise of being able to roll over my leave to next FY if unable to use it before Oct. I was told that I would be able to use it for (add it to) transition / terminal leave at the end. Only two issues. 1) I already have over 70 days on the books that were carried over from last FY; and 2) I am tracking no more than 90 days is authorized at the end. So, unless I am missing something, I am going to lose leave and / or sell it and / or not be able to use PTDY. I may also not get to 20 AFS. Is there some signature, permission, caveat I am missing? Any advice would be appreciated! Thanks!

 

[Provis]

Hi. New here. Thanks. What were the lawyers @Provis suggested, or can they be suggested here? I was just IDES counseled last week after a P3 that occurred at 19 yrs and 4 mo AFS. I had 3 weeks of approved leave for next month that was cancelled due to this recent IDES MEB process beginning, but on the premise of being able to roll over my leave to next FY if unable to use it before Oct. I was told that I would be able to use it for (add it to) transition / terminal leave at the end. Only two issues. 1) I already have over 70 days on the books that were carried over from last FY; and 2) I am tracking no more than 90 days is authorized at the end. So, unless I am missing something, I am going to lose leave and / or sell it and / or not be able to use PTDY. I may also not get to 20 AFS. Is there some signature, permission, caveat I am missing? Any advice would be appreciated! Thanks!

I sent you some options offline but you are tracking. Your LES should say in the writing part at bottom the amount of extra leave you can carry over to 2023. My wife had 78.5 days at the end of Fiscal year 2021 so now she can roll over that same amount for fiscal year 2022 & 2023. Also correct about the no more than 90 days at the end. The only time they will move that date is if you have hit your maximum days to sell leave which is 60 days. If you will truly lose leave because you wont be allow to sell it their is an exception. I don't see how you would not be able to stretch this out. You should easily get to your 20 years by appealing everything and waiting until the last day to do things! This also means there is less risk if you don't get a private attorney since you have your regular retirement to fall back on. Lastly, you can try to apply for retirement and see if they will withdraw your P3. With a month worth of leave and PTDY you only have 6 months of work to do before retirement if they will allow you to retire in less than a year. Normally you need to apply a year out but maybe they will make an exception. I hope this helps!