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When the Law Firm Makes Mistakes on VA Claims

I wish I could claim that I don’t make mistakes. I pride myself on my precision and attention to detail, so when I do make a mistake it pains me personally as well as professionally. However, mistakes do occur, especially when you are dealing with the amount of numerical data that your team does from identification numbers, dates, money figures, and account numbers, just to name a few.

I have experienced more than once the sinking feeling in my gut when I realize that I have committed an error. On two occasions, deadlines to file VA correspondence had passed – one was for filing an appeal and the other was for filing an initial application a month after the client expected us to.  In each case, it cost the client money, which meant that it cost the firm money.

Dwelling on the mistake will only make it worse.  After having realized that you made a mistake, what do you do next? Take these five steps!

  1. Bigstock-Erasing-Obstacle-49444895Devise a solution(s)
  2. Inform the attorney/supervisor
  3. Inform the client
  4. Implement the solution
  5. Learn from the mistake

Devise a Solution

For some, the first instinct may be to try to fix or cover up the mistake.  Let’s hope that is not you. The second inclination may be to rush directly to the attorney and confess. While there may be some situations when you should notify others in the firm immediately – for example, you neglected a deadline that is now four hours away – in most cases you should try to devise solutions to manage or overcome the error.  If you cannot personally discern a viable solution, then at the very least pull pertinent documentation or regulations to present to the attorney when sharing the problem.  Be aware that with some errors, there may be no solution other than to apologize and make it right with the client.

Inform the Attorney

After coming up with a solution or supportive documentation, it is a priority to inform the attorney or your supervisor. This is a difficult conversation to have.  For guidance on how to initiate such a conversation, refer to another Lawyers with Purpose blog post, “A Tough Conversation”. Although this is not an easy conversation to have, it is crucial to remain as professional as possible and to focus on resolution. There will be plenty of time to cry about it at home, if necessary. It is important that the attorney knows that you take such occurrences as seriously as he/she does and that you are committed to making things right.  The attorney may be livid at the situation, which can appear to be directed at you.  The anger or frustration should be minimized if you come prepared with solutions.

Inform the Client

After the attorney has been able to problem solve, before taking any action, the client must be informed about the problem and any possible solutions or consequences.  Depending on the type of error, the communication can be by email (i.e. we misspelled your father’s name on the VA application, we will send in a statement in support of claim to correct it); by phone (i.e. we didn’t file the application as soon as we told you we should, but we are filing it now); or by written correspondence in the mail (i.e. the appeal was due last week but we missed the deadline, so these are your options). 

Implement the Solution

After the client has had an opportunity to respond, the next step is to implement the solution or action plan that was approved by the attorney and the client.  Whatever the solution may be, act purposefully and diligently to implement it.  You can tell a lot about a person’s character by the way they handle their mistakes.

Learn from the Mistake

Finally, you must LEARN from your mistakes.  You may receive a note in your personnel file or even a reprimand.  You may feel unfairly punished.  Taking it personally will only paralyze you from moving forward.  Be proactive and analyze why the mistake happened. Were your systems or processes not followed?  Are there systems and processes that need to be added?  Was someone not held accountable when they should have been? By determining why the mistake occurred, you can then proceed to figure out how not to repeat it. If you don’t take this final step, then you just made a bigger mistake than the one that started you down this path.

If you aren't a member and want to learn more about how Lawyers With Purpose can help you grow your existing estate or elder law practice into the practice of your dreams, join us on July 23rd for our Having The Time To Have It All webinar at 2 EST. Space is limited so make sure you mark your calendar and grab your spot today!

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and VA Production Coordinator for Lawyers With Purpose.

Victoria L. Collier, Veteran of the United States Air Force, 1989-1995 and United States Army Reserves, 2001-2004.  Victoria is a Certified Elder Law Attorney through the National Elder Law Foundation; Author of “47 Secret Veterans Benefits for Seniors”; Author of “Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit”; Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC; and Co-Founder of Lawyers with Purpose. 

Jackie Bedard

Congratulations To Jackie Bedard, LWP Member Of The Month

What is the greatest success you've had since joining LWP? 

Building a great team that's committed to our goals.

Jackie BedardWhat is your favorite LWP tool?

Moving to the cloud-based Actionstep system last year has made it so much easier to work from home and/or check in on things when I'm traveling.  I can even log in during an RMS meeting if I want to check a particular client's status if the advisor asks.

How has being part of LWP impacted your team and your practice?  

The LWP tools allow us to operate efficiently and in an organized manner.  Our clients and referral sources regularly compliment us on our organization and thoroughness.

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What Is Your Independence Day?

On July 4, 1776, the Declaration of Independence was signed separating the original 13 colonies from Great Britain.  It took an act of Congress and a committee of five to declare independence. The American Revolution precipitated and followed the signing, showing that people were willing to die for their independence. From the outset, Americans have celebrated July 4th with parades, fireworks, barbeques, picnics and the like.

Bigstock-Fireworks-background-for-th-o-91509572What freedoms are you fighting for?

Financial freedom?

Freedom from being tied to the desk at work?

Freedom from suppression of thought, creativity, or expression?

We allow so many things to hold us back from our own personal freedoms. Fear. Relationships. Money.

1n 1994, acclaimed country artist Martina McBride released “Independence Day”, written by Gretchen Peters, about an abusive husband and his wife who set their house on fire and “lit up the sky that Fourth of July.”

“Let freedom ring, let the white dove sing
Let the whole world know that today
is a day of reckoning.
Let the weak be strong, let the right be wrong
Roll the stone away, let the guilty pay
it's Independence Day.”

The wife had clearly had enough of the status quo and was ready for a change. Our forefathers had also had enough of the status quo and were ready for a change.

Are you tired of the status quo?  Ready for a change?

Let this July 4th be your Declaration of Independence. Decide what you want and what you are willing to fight for to achieve. Enlist your army to help you in your own personal revolution.

Members of Lawyers with Purpose break barriers and create freedom in their lives every day.  The LWP community encourages and supports freedom.  We celebrate independence and freedom together at our Tri-Annual Practice Enhancement Retreats.   

If you want true independence and freedom, join the Lawyers with Purpose community.  We are patriots paving the way for a better future.  To learn more about what this means and who we are are a community, join our Having The Time To Have It All webinar on July 23rd at 2 EST.  But register today as space is limited.

Victoria L. Collier, Veteran of the United States Air Force, 1989-1995 and United States Army Reserves, 2001-2004.  Victoria is a Certified Elder Law Attorney through the National Elder Law Foundation; Author of “47 Secret Veterans Benefits for Seniors”; Author of “Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit”; Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC; and Co-Founder of Lawyers with Purpose, www.LawyerswithPurpose.com.  

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VA Approval – Now What?

Congratulations! You received approval of your VA Pension with Aid and Attendance claim. Your job is done, right? Well, not quite.

Bigstock--d-question-mark-on-white-back-62978239Once you receive an approval letter, there are three steps your firm should follow: Review for accuracy, identify next action, and then inform your client of the results and what to do next.

Review for accuracy

Just because you have an approval does not mean there are no errors in the decision. The two main issues to check are (1) the effective date (payment start date) and (2) the monthly benefit amount. You should already have a pretty clear understanding of the eligibility date and the expected amount when you file the formal claim. The payment start date should be the first day of the month following the month in which you submitted the informal claim/intent to file or formal claim. For example, if an intent to file was submitted and received by the VA on May 20, 2015, then the eligibility date would be June 1, 2015. The monthly benefit amount, assuming that the financial information you had was accurate, is the Maximum Annual Pension Rate (divided by 12) minus Income for VA Purposes (IVAP). For example, the Maximum Annual Pension Rate (MAPR) for a married veteran who needs the aid and attendance of another person with activities of daily living is $2,120 per month. The gross income of the veteran and the spouse is $4,500 per month. After deducting the veteran’s assisted living facility costs of $5,000, the IVAP is $0. Thus, the difference between the monthly MAPR of $2,120 and $0 is $2,120 and the veteran would be paid the maximum.

When using the Lawyers with Purpose copyrighted VA Benefits Qualification Worksheet, these figures are automatically calculated for you. On the approval letter from the VA, this information is generally found on the first page in the form of a table. This table will have at least three columns for “Monthly Entitlement Amount,” “Payment Start Date,” and “Reason for Change,” and as many rows as there are changes in rate.

Identify next action

If there are errors, then you should identify the deadline for your response. Responses may include a Request for Reconsideration (RFR) and/or a Notice of Disagreement (NOD). You should also identify what further information you may need in order to document the grounds for your RFR or NOD. The NOD must be filed within one year of the date on the decision letter. More information regarding this process can be found in the blog post, “What To Do With A Denied VA Application – Part 2”  

In contrast, there is no real deadline for the request for reconsideration, as it is not a formal VA adjudication process. The RFR is essentially the request that the original adjudicator reconsider his/her original decision because you can provide new information or enlightenment regarding previously submitted information that the VA failed to interpret per their regulations. It is always worth filing a request for reconsideration, even if you plan to file a Notice of Disagreement, because the former process is much quicker than the NOD route. If there are no errors in the approval, the next action may be simply to inform the client. However, the VA may propose a finding of incompetency on the basis of the physician’s statement (VA form 21-2680) provided with the claim. You will immediately know if there is an incompetency proposal because there will be two extra columns in the table already mentioned, titled “Amount Withheld” and “Amount Paid.” There is also an additional section in the letter called, “We Have Withheld Benefits.” Sometimes the VA includes a simple response form to complete and return, but even if it does not, you should respond by returning a 21-4138 Statement in Support of Claim that acknowledges and accepts the finding of incompetency and nominates a fiduciary, usually a family member.

Inform the client

Once you identify the next action, you must inform the client – preferably in writing – of the accuracy of the approval letter and explain the next step(s), if any. This can be as simple as confirming the approval and the monthly benefit amount. It should also explain when to expect the first monthly deposit as well as the receipt of any lump sum retroactive benefits. If applicable, you would also describe what to expect during the fiduciary process or appeal. Finally, be sure to be specific in any requests for further documentation to expedite data collection and your responsiveness to the VA. Getting an approved VA claim can be a challenge. You should celebrate each one! However, don’t overlook these three essential steps. Incorporate them into your firm’s processes. Congratulations!

If you would like to learn more about creating the estate or elder law practice of your dreams, join our webinar "Having The Time To Have It All" on July 23rd at 2 EST and learn about how Lawyers With Purpose can help get you there.  Click here to register and reserve your spot today.

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and VA Production Coordinator for Lawyers With Purpose.

Victoria L. Collier, Veteran of the United States Air Force, 1989-1995 and United States Army Reserves, 2001-2004. Victoria is a Certified Elder Law Attorney through the National Elder Law Foundation; Author of “47 Secret Veterans Benefits for Seniors”; Author of “Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit”; Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC; Co-Founder of Lawyers for Wartime Veterans; and Co-Founder of Veterans Advocate Group of America.

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Marketing Roundtable with Special Guest Dan Lear of AVVO: “Statistics that Prove Prospective Legal Clients are Online”

Stats:

  • 175K monthly searches on google for “Estate Planning".
  • The market for bundled and unbundled documents and services delivered online by “virtual” law firms or legal services companies, is valued at approximately $4.1B.
  • Avvo generated $8.5B in revenue for lawyers last year.

The pace and nature of technological change in the last two decades is remarkable. Not only has technology rapidly transformed or wiped out entire businesses or even industries in the course of a few years (Blockbuster or land-line telephones, anyone?) but it has done so in ways many either refused to or simply could not possibly have foreseen.

Avvo_logo_Navy_taglineWhether or not you believe that technology will transform the law it’s indisputable that consumers of legal services (just like consumers of other services, and really, just like lawyers both in their professional and personal lives) will continue to use the internet more, not less, in the future.

Just as they’re now investing, ordering food and groceries, streaming music and movies, banking, hailing rides, and booking plane tickets and hotel rooms, people will likely at least begin to research a lawyer or a legal topic online. But you don’t have to take our word for it. The “10 Statistics” webinar will give you 10 solid reasons backed by data that shows not only that consumers are increasingly using the internet to understand and consume legal services but, exactly how they’re doing it. 

Members!  To join this conversation with Roslyn Drotar and Special Guest, Dan Lear from AVVO, hop on the Marketing Roundtable Friday, July 10th at 12 EST.  Space is limited so register today by logging into the members website and view upcoming events on the homepage.

We'll "see" you there!

Roslyn Drotar – Online Marketing Strategist, Lawyers With Purpose

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Five Essential Roles For A Successful Practice – Part Four

This is the final post of a four-part series outlining the five key roles to a thriving, purposeful law practice: entrepreneur & visionary [Part One], transformer [Part Two], performer [Part Three], and leader.  Today, we will distinguish the significance of the final role, the leader(s). We have established that the entrepreneur, visionary, transformer and performer are all needed to create a successful business, yet it is this final role, that of leaders, that can make a successful company exponentially more successful. Leaders take the ideas of value identified by the entrepreneur and the vision of the visionary to turn those ideas into achievements. Leaders work with the skills of the transformer, who transforms the idea and vision into something tangible that can be delivered by the performer to consumers to derive the intended benefit.  Leaders expand the capability of these four key roles beyond that of the individuals who are performing them. 

Bigstock-Creative-sign-with-the-text---75543127It is critical in any organization to have leaders, but there are different types of leaders.  In smaller organizations, each of us must be self-led. Most small businesses (or law firms) actually start with one individual, the entrepreneur (or frustrated technician, as Michael Gerber declares in E-Myth). But as the sole person in the company, the entrepreneur is also required to be the visionary, the transformer, and the performer, or face almost certain failure. By default, they naturally become the leader of themselves. As the company grows, they hire their first employee, typically a performer to take some of the “performer” role off of them, and the company continues to grow. Eventually, enough employees are hired so each role is handled by separate individuals. This increases the capacity of the business, but requires each of the employees to communicate effectively and work “together” to achieve the intended result.  Being self-led is essential to an individualʼs personal success, but successful organizations need two types of leading – self-led individuals and those who lead others. 

A leader is one who is accountable to those they report to for the performance of others who are accountable to them to accomplish the stated objective or goals.  In smaller companies, all employees are accountable to one leader who is typically the owner (entrepreneur); he or she is not always the person best suited to lead the organization, but often the role is “delegated up” by default. Even if the entrepreneur is capable of leading, they soon discover their talents are better utilized on “higher impact” matters. As the number of people in a company increases, the true test of the business's viability is determined. Leaders become essential to ensure that the multiple roles continue to work together to achieve the outcome anticipated by the owner, envisioned by the visionary, created by the transformer, and delivered by the performer. As the entrepreneur is “freed up” from these other roles, they are able to pursue other opportunities for the company.

The typical structure of leaders in a successful company or law firm is, first, the leader of a role. For example, this might be a performer who leads client services, drafting, funding, or even the attorney. Each must lead themselves in their individual role. When a certain role has multiple performers (i.e. several client service personnel), then the company needs a leader of the performers in each role (a.k.a department).  That is typically referred to as a department head, or in Lawyers with Purpose, a “coordinator.” A client services coordinator, funding coordinator, drafting coordinator or the like are examples.

The next level of leader is a leader of department heads. A leader of those who lead the individual departments leads the company and coordinates all departments to ensure the intended success is achieved. The leader of departments is typically referred to as the director of operations (a.k.a D.O.). They coordinate all the different departments that are coordinating all the different performers within those departments.  Additional leaders to successful companies include the leader of the future, who is otherwise known as the visionary, and the leader of the business, who is the entrepreneur. Finally, it is the role of the CEO (often the entrepreneur) to lead the director of operations and the visionary to ensure that the business remains relevant, viable and thriving. 

In each of these roles, the individuals must be self-led. So the critical question is, is a leader also a performer, a transformer, a visionary or an entrepreneur? Obviously, the answer is yes. In each role of an organization, each can have multiple roles. For example, the leader of client services can transform the way the company delivers client services to the consumer to ensure they derive the intended benefits more efficiently. The distinction between the client service role and a transformer client service role is the impact of creating new ways to deliver the role. The same could be said of those in the marketing department, lawyers, or those in other critical roles in a small law firm. Once an individual is clear on their most effective role, it enables them to provide the greatest value to their organization. In fact, it is essential to identify what we do naturally and embrace it! 

The next logical question is, I know my role, but am I stuck there? I would much rather restate it from the perspective that, once you identify what role you belong in, you should celebrate it because it provides you the greatest opportunity to thrive and have impact in the organization and affect its ability to perform successfully. To have a thriving, purposeful practice you need an entrepreneur to identify the value needed in the marketplace. You need the visionary to identify how to deliver the value to the marketplace. You need the transformer to transform the ideas and visions into something that can actually be deliverable to the individual and you need the performer to actually be able to deliver it in a way for the consumer to derive the benefit. And, as your organization grows, you need leaders at every level and in each role to continue to expand the reach of impact that your company can have.

So it's not a question of being “stuck,” it's a question of “celebrating” your unique skill that creates the greatest value inside a successful organization. At Lawyers with Purpose, we empower each team member to embrace their role and set the standards to interact with the other roles with the necessary reporting for the leaders to lead effectively. As a result, our members experience thriving, purpose-driven law practices.

If you aren't a Lawyers With Purpose member and want to know more about creating a purpose-driven practice, join our webinar Thursday, July 23rd at 2 EST "Having The Time To Have It All" to learn more about joining. Mark your calendar and register today to reserve your spot.

David J. Zumpano, Esq, CPA, Co-founder Lawyers With Purpose, Founder and Senior Partner of Estate Planning Law Center

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Five Essential Roles For A Successful Practice – Part Three

In our previous posts, [Part One] and [Part Two] we outlined the five essential roles of a successful business as that of the entrepreneur, the visionary, the transformer, the performer, and the leader.  We have already clarified that the entrepreneur identifies the value in the marketplace to be delivered and gets it delivered in a way that benefits the world, with his or her direct involvement (Level One entrepreneur) or without (Level Two entrepreneur).  The visionary, as a distinction, is someone who thinks about or plans future pursuits with imagination and wisdom and is able to envision how to create the value the entrepreneur identified. The transformer is the one who, with their own skills, knowledge and resources, transforms the idea that is identified and envisioned to benefit the world into a product or service that is deliverable.

Bigstock-Creative-sign-with-the-text---75543127The role of the performer continues and completes the process by utilizing their individual talent to excel at delivering to the recipient the intended benefit identified by the entrepreneur, envisioned by the visionary and created by the transformer.  Performers are critical to the success of the entrepreneur, visionary, and transformer.  Without them, the value that has been identified and created is not delivered to anyone who can benefit from it.  

When we think of a performer, we often think of an actor.  An individual actor performs and makes the consumer imagine the role that the performer is portraying.  The risk to performers, however, is that their role can be relegated to technology or commoditized.  An example is when a high-level actor in a theatrical play on Broadway becomes commoditized to an extent by a TV show that recreates the role in a studio, and with technical assistance that increases the volume (number/time of production) and, ultimately, reduces the skills needed (with special effects).  You can take this even further when you consider that some of the newer, most popular shows don’t even involve humans, but are cartoons that have largely eliminated the performer.

In a Lawyers with Purpose law firm, the individual performers are the differentiating factor because they create a user experience that cannot otherwise occur.  Think of some examples in your practice of peak performers.  You may be a peak performer; that is, an exceptional lawyer who uses your technical skills and abilities well.  In that role, you are serving as a performer by delivering the value identified (legal options) to the consumer.  Another example of a performer is your client service coordinator.  They manage the client from the initial call to your office, through the entire process until the work is done.  In your experience you can recall employees who are exceptional at this and others who were not – therein lies their level of “performer.”  Performers solidify the value created by the transformers and envisioned by the visionary and solve the need identified by the entrepreneur. Businesses need performers at every level, from client services to legal technical to drafting to relationship management with allied professionals. 

But be clear – performers are meant to interact with the ultimate beneficiary of the service or product.  At Lawyers with Purpose, we are very clear on the role of the performer, and we have even set the standards for performers to thrive.

So there you have it – four of the five essential roles to have a thriving, purposeful practice, which will enable success that will be the envy of many.  The distinction of the final role – that of leader, which will be discussed in our next and final post on this topic – will identity the potential exponential impact a leader can have on the first four roles.  

If you want to learn more about what it means to become a Lawyers With Purpose member, join our webinar "Having The Time To Have It All" on Thursday, July 23rd at 2 EST.  All you have to do is click here to reserve your spot today and we'll "see" you then!

David J. Zumpano, Esq, CPA, Co-founder Lawyers With Purpose, Founder and Senior Partner of Estate Planning Law Center

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VA Pension Claims: What to Include and Exclude

A successful VA pension claim depends on the inclusion of the right VA forms as well as their correct completion. This is particularly important in the case of the Fully Developed Claim (FDC) Program, which is the relatively quicker claim adjudication process in comparison with the Standard Claim Process. However, how important are the lesser-discussed verification documents to a claim’s success? These supporting players may be more important than you realize.

To ensure consistency with files, we recommend that firms provide a checklist of necessary documents for each client to gather for review before each consultation.  The requested items include biographical data, income and asset verification and current estate planning documents.  The more complete the response is to this checklist, the more accurate and effective our evaluation and recommendations are to the client.

Bigstock-Checklist-With-Green-Checkmark-89922218More importantly, however, is having the documentation to submit with a VA claim for pension with aid and attendance.  Instructions on the VA Forms 21-527EZ and 21-534EZ stipulate, “submit simultaneously with your claim all necessary income and net-worth information."  If you fail to submit the proper supporting documentation, the VA will delay or deny the claim.  The instructions for these forms further state, "It is your responsibility to make sure we receive all requested records that are not in the possession of a Federal department or agency.”

One of the most important supporting documents is proof that the veteran was indeed a wartime veteran. The most common way of verifying this is by submitting the discharge paper, commonly the DD-214. In the absence of any formal record of service, you can use a “buddy affidavit,” in which a fellow service member attests to having served with the veteran. The VA should attempt to confirm service if you do not submit this documentation; however, it is incumbent upon you to do your best to provide this, as your claim will not proceed until this aspect of eligibility is confirmed.

Records documenting marital history also may cause issues when they are omitted.  You should obtain marriage certificates, divorce decrees, and death certificates of all previous spouses for both the veteran and his or her spouse. The reason for this is that the VA must ensure it is paying the correct amount of monthly pension and that payment is going to a qualified beneficiary. 

Knowing which documents to include is important. Just as important is knowing which documents NOT to include. The Improved Pension program with aid and attendance is “means” based, so it requires the applicant to meet certain income and asset limitations.  We recommend that you provide verification of all income and assets from the date of eligibility (the effective date).  The VA may only consider the claimant’s net worth and income as of the effective date, which is determined by when the claim was submitted, or when an intent to file a claim was submitted.  Any financial documents pertaining to net worth or income prior to the effective date are irrelevant to the claim process, pursuant to Title 38 of the Code of Federal Regulations §3.400, which states, “Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.” In fact, the adjudication manual M21-1MR, Part V, iii, 1, E 33n, specifically states, “Do not count income received before the effective date of an original or reopened award. (For death pension cases, do not count income received between the effective date and the date of the veteran’s death.) The effective date is the date a claimant is entitled to benefits without regard to 38 CFR 3.31.” You can use the latter citation when responding to VA requests regarding the prior year’s income when it occurred before the effective date.

When completing an application for VA benefits, ensure that you do three things:

  1. Use the correct forms.
  2. Complete the forms correctly.
  3. Provide all of the necessary verification documents.

Members! Don't forget we have VA Tech Training this Thursday, June 18th at 3 EST.  To join this call on what’s new and improved in the June release of the LWP-CCS software contact Amanda Ross at aross@lawyerswithpurpose.com.  

If you aren't a member and want to learn more about joining the Lawyers With Purpose community, contact Molly Hall at mhall@lawyerswithpurpose.com

Sabrina A. Scott, VA Production Coordinator, Lawyers with Purpose, LLC and Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC.

Victoria L. Collier, Veteran of the United States Air Force, 1989-1995 and United States Army Reserves, 2001-2004.  Victoria is a Certified Elder Law Attorney through the National Elder Law Foundation; Author of “47 Secret Veterans' Benefits for Seniors”; Author of “Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit”; Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC; and Co-Founder of Lawyers with Purpose.   

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The Bottom Line

Are you tracking your closing rate?  You should be, if only for self-evaluation.  Your Pipeline Focuser will quickly show how many prospects became clients at each of your Initial and Vision meetings. If your closing rate average is lower than 70% you should investigate further.

A low closing rate is not always attributable to the attorney’s lack of skill in the Initial or Vision meeting. Sometimes the prospect just isn’t qualified. While it would be great if you could weed out those unqualified prospects before you invest your time in meeting with them, if they attended a workshop and you promised a complimentary Vision Meeting™ for example, you don’t have much choice.

Bigstock-Bottom-Line-In-Wood-Fonts-14687738However, if your closing rate is low and your prospects are largely qualified, then consider investing time improving your close.  

On the LWP member website, in the Vision Meeting™ folder (located in the Estate Processes tab), there are four videos designed to help you “close the deal.” Two of them deal specifically with boosting your closing rate by using the Vision Clarifier™. 

Are you using the Vision Clarifier™? It’s the tool that visually demonstrates the solution to issues identified in the audit. If you’re skipping this tool, then you’re not visually demonstrating your recommended solution(s).

During the workshop, the attorney tells stories that are memorable, colorful and interesting.  Using a PowerPoint presentation, the attorney is able to anchor stories that are easily visualized by attendees. Adding props such as the little red wagon and the dollar bill maintains interest in the illustrations.

At the subsequent Vision Meeting™ the attorney continues educating prospects in a one-on-one setting by connecting the workshop stories to the Estate Planning Audit™ and then demonstrating solutions with the “Vision Clarifier™, leading directly to the firm fee schedule.

This is where the “rubber meets the road.” The bottom line truly is do you believe in the solution you are recommending? Are you able to clearly see the value? If you are, you won’t hesitate when it comes to naming your fee.  That printed fee schedule you worked so hard to develop will boost your confidence and demonstrate to the prospect that you are not pricing based on his/her assets. You really do have set fees.

I invite you to track your own numbers, but from my personal experience I found that 80-90% of people who walked out the door without signing an Engagement Agreement saying they wanted to “think about it” and asking to be “followed up with” at a later date, never moved forward.

What does that mean? It means that if prospects walk out of your office, “wanting to think about it,” the odds dramatically decrease that they will ever become clients. Being able to properly demonstrate the benefits of your proposed plan in that first meeting is a priceless skill. Putting in the time to hone and improve this skill will have exponential impact on your bottom line.

Nedra, Catale – Coaching, Consulting & Implementation, Lawyers With Purpose

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Informing The VA You Plan To File A Claim

I don’t think anyone really expected a great announcement from the VA on March 25, 2015, with the end of the 60-day public comment period on the proposed VA rule, RIN 2900-AO73, regarding net worth, asset transfers, and income exclusions for needs-based benefits. However on that day the VA did announce several changes effective March 24, 2015 that directly impact all claims. One of these changes was the amendment of the adjudication manual M21-1MR to introduce a new intent to file procedure which replaces the informal claim process to lock in an effective date for an Improved Pension claim (with aid and attendance) prior to the filing of the Fully Developed Claim.

The VA web page http://explore.va.gov/intent-to-file, as well as the March 2015 Fact sheet issued by the VA, explain that there are currently three ways to declare an intent to file a claim:

  1. Electronically via eBenefits.
  2. Completing and mailing the paper VA Form 21-0966, Intent to File a Claim for Compensation and/or Pension, or Survivors Pension and/or DIC.
  3. Over the phone to the VA National Call Center or in person at a VA regional office.

UntitledeBenefits is accessed from the VA website via this page https://www.ebenefits.va.gov/ebenefits/apply, However the link for filing pension claims currently generates an error. The content is blocked in both Internet Explorer and Mozilla Firefox web browsers as an untrusted connection.

If you prefer to continue using a paper form to lock in an effective date, you are now required to use the VA form 21-0966. What happens if you filed an informal claim on or after March 24, 2015? Pursuant to M21-1MR, Part III, Subpart ii, Chapter 2, Section D, 2b, “Consider a request for benefits not filed on an appropriate prescribed form on or after March 24, 2015 a request for application.” The VA will respond to a request for application by sending correspondence that instructs the claimant which forms are needed to formalize the claim. Nevertheless no effective date will be locked in until a complete intent to file or a completed application is submitted. There is no recourse if the VA rejects an informal claim filed on or after March 24, 2015 as the final rule of 38 CFR Parts 3, 19, and 20 RIN 2900–AO81 “also eliminate the provisions of 38 CFR 3.157 which allowed various documents other than claims forms to constitute claims.”

The option of declaring an intent to file by telephone or in person at the VA regional office has the disadvantage of lack of documentation. Furthermore the average waiting time for calls to the VA National Call Center to be answered is over an hour and, thus, would not be an efficient use of your time to use this option. Thus for now if your firm chooses to lock in an effective date prior to the filing of the fully developed claim, you must use the second of the three options listed above. Our firm has changed our process to start using the form 21-0996 with all future VA claims. The new form will also be included in a future update of the Lawyers With Purpose software.

The easiest way to receive important notices directly from the VA is to subscribe to the email delivery of VA News Releases at https://public.govdelivery.com/accounts/USVA/subscriber/new or visit their website at www.va.gov.

There is still time to grab a seat for our 3.5 day Practice With Purpose Program in St. Louis next week!  We'll be talking about Asset Protection, Medicaid and the following on VA Benefits planning: 

  • Service Connected Benefits (Veterans & Widows/Dependents)
  • Non-Service Connected Benefits – Improved Pension, Housebound, Aid & Attendance
  • Asset Eligibility
  • Application Process
  • Correct Forms
  • Annual Reviews
  • Appeals Process
  • Representation and Marketing – Getting Veterans to March in Your Door

Click here to register and grab one of the few spots remaining.

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and Production Coordinator for Lawyers for Wartime Veterans, LLC. 

Victoria L. Collier, Veteran of the United States Air Force, 1989-1995 and United States Army Reserves, 2001-2004.  Victoria is a Certified Elder Law Attorney through the National Elder Law Foundation, Author of 47 Secret Veterans Benefits for Seniors, Author of Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit, Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC, Co-Founder of Lawyers for Wartime Veterans, Co-Founder of Veterans Advocate Group of America.