Application for Accreditation as a Claims Agent or Attorney, Filing of Representatives' Fee Agreements and Motions for Review of Such Fee Agreements

ICR 202312-2900-008

OMB: 2900-0605

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2023-12-20
Supporting Statement A
2023-12-20
ICR Details
2900-0605 202312-2900-008
Received in OIRA 201710-2900-006
VA 2900-0605
Application for Accreditation as a Claims Agent or Attorney, Filing of Representatives' Fee Agreements and Motions for Review of Such Fee Agreements
Reinstatement with change of a previously approved collection   No
Regular 12/20/2023
  Requested Previously Approved
36 Months From Approved
34,695 0
8,297 0
0 0

(1) Applicants seeking accreditation as claims agents or attorneys to represent benefits claimants before VA must file VA Form 21a, Application for Accreditation as a Claims Agent or Attorney, with VA's Office of General Counsel (OGC). The information requested in VA Form 21a includes basic identifying information, as well as certain information concerning training and experience, military service, and employment. See 38 U.S.C. 5901; 38 CFR 14.629(b). (2) If accredited agents and attorneys wish to maintain accreditation, they must file recertifications with OGC that they have completed Continuing Legal Education (CLE) requirements and are in good standing with other courts, bars, and Federal and State agencies. See 38 U.S.C. 5904(a)(2)-(3); 38 CFR 14.629(b). (3) Accredited agents and attorneys must file with VA any agreement for the payment of fees charged for representing claimants before VA. 38 U.S.C. 5904(c)(2); 38 CFR 14.636(g). (4) Claimants, accredited agents, or accredited attorneys may request an OGC determination on a reasonable fee allocation in a given case. If they do, OGC will solicit (optional) responses from the other parties in the case. 38 U.S.C. 5904(c)(3); 38 CFR 14.636(i). (1) The information in the VA Form 21a is used by OGC to determine the applicant’s eligibility for accreditation as a claims agent or attorney. More specifically, it is used to evaluate qualifications, ensure against conflicts of interest, and to establish that statutory and regulatory eligibility requirements, e.g., good character and reputation, are met. (2) The information in recertifications is used by OGC to monitor whether accredited attorneys and agents continue to have appropriate character and reputation and whether they remain fit to prepare, present, and prosecute VA benefit claims. (3) The information in a fee agreement is used by the Veterans Benefits Administration (VBA) to associate the fee agreement with the claimant's claims file, to potentially determine the attorney or agent’s fee eligibility, and to potentially process direct payment of a fee from the claimant's past-due benefits. It is used by OGC to monitor whether the agreement is in compliance with laws governing paid representation, and to potentially review fee reasonableness. (4) The information in a request for OGC fee review, or a response to such request, is used by OGC to determine the agents’ or attorneys’ contribution to and responsibility for the ultimate outcome of the claimant's claim, so that a determination on reasonable fees can be rendered.

US Code: 38 USC 5903 Name of Law: Recognition with respect to particular claims
   US Code: 38 USC 5904 Name of Law: Recognition of agents and attorneys generally
   US Code: 38 USC 5901 Name of Law: Prohibition against acting as cliams agent or attorney
   US Code: 38 USC 5902 Name of Law: Recognition of representatives of organizations
   PL: Pub.L. 109 - 461 101(i) Name of Law: Limitation on collection of fee assessment
  
None

2900-AR93 Proposed rulemaking

No

1
IC Title Form No. Form Name
Application for Accreditation as a Claims Agent or Attorney, Filing of Representatives' Fee Agreements and Motions for Review of Such Fee Agreements VA21a Application for Accreditation as a Claim Agent or Attorney

  Total Request Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 34,695 0 0 0 13,135 21,560
Annual Time Burden (Hours) 8,297 0 0 0 2,614 5,683
Annual Cost Burden (Dollars) 0 0 0 -588,529 588,529 0
No
No
a. VA Form 21a and Recertifications: The adjustments are program adjustments due to change in estimate of the number of filings and type of filers. b. Filing of Fee Agreements and Requests for OGC Fee Review: The adjustment is a program adjustment due to change in estimate number of filings. Both numbers have increased because of an increase in cases where a claimant is represented by an attorney or agent. c. Motion for Review of Representative’s Charges: VA may have a need to collect information for purposes of reviewing the expenses of agents and attorneys under 38 C.F.R. § 14.637; however, the information does not constitute a collection of information because of its infrequency of occurrence. See 5 C.F.R. 1320.3(c). Because (c) is not a collection of information for purposes of 5 C.F.R. part 1320, VA will not request that it be included in this collection.

$711,900
No
    Yes
    Yes
No
No
No
No
Jonathan Taylor 202 461-7650 jonathan.taylor2@va.gov

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
12/20/2023


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