Lawyers With Purpose

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.

Once 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.

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.

Whether 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

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. 

It 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

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.

The 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

Five Essential Roles For A Successful Practice – Part Two

In our previous post (Five Essential Roles For A Successful Practice - Part One), we identified the five key roles that must be filled for your business to be successful: the entrepreneur, the visionary, the transformer, the performer and the leader.  We distinguished the differentiating factors between the entrepreneur and the visionary and clarified how they can be the same person, but need not be.  Today we will focus on the role of the transformer.  The transformer is the most essential role in creating a business that operates without you.

So what is a transformer?  As a successful Level Two entrepreneur, I can confidently say, it was not until I understood the role of the transformer that I was able to actually separate myself from the businesses I had created.  Even if you do not intend to achieve Level Two status, to succeed as a Level One entrepreneur, you will need a transformer.  The only distinction is the level of authority you ultimately give them.  For those who intend to create value beyond their individual capabilities, coming to know and identify transformers to whom you are willing to give authority is essential to reaching Level Two. 

The definition of a transformer is one who, with their own skills, knowledge and resources available, transforms an idea (vision) that benefits the world into a product or service that is deliverable.  So what are the essential elements of this role?  The first and most important is that transformers need no one else to perform the role.  As a distinction, they do need others to get the job done, but transformers, with their own skills, knowledge and resources, are able to take a vision or idea and make it real.  A transformer utilizes available resources, which can include other individuals, the Internet or any other source of information the transformer identifies as necessary to turn the vision into a reality. 

The other key distinction of transformers is this: What they create is deliverable, even though they typically are not responsible for delivering it.  To illustrate, many people have a vision or a “great idea.”  The world is full of people with great ideas.  The challenge is that there are skills required to take an idea and make it something that another individual is actually able to benefit from.  The art of being able to take that vision and turn it into a deliverable product or service is what transformers do!  Interestingly, transformers are not typically visionaries or entrepreneurs, and they do not need to identify that the idea is valuable in the marketplace.  They are just building the deliverable identified by the entrepreneur and guided by the vision of the visionary. Transformers make ideas real.

So how would you recognize a transformer in your organization?  In my experience, it’s simple.  If there is a challenge in your office and you need to “get it done,” whom do you go to?   Transformers are the ones who, when you go to them with your idea, you are able to step away and later find the idea implemented and delivered with minimal input.  Transformers can also apply their talent to various elements of the business with ease.   The level of transformer will dictate the reach of your ultimate success.  The essential need for transformers is resources; the more resources they have access to, the greater the impact.  Lawyers with Purpose has tremendous resources for the transformers in your law firm to help create products and services that can be delivered to clients easily and with tremendous value. In our next post we will discuss our final two roles, that of the performers and leaders.  

For more information on becoming a Lawyers With Purpose member consider joining our FREE webinar "Having The Time To Have It All" on Thursday, July 23rd at 2EST.  

In this one hour webinar, you will learn how all entrepreneurs have the same amount of time in the day and how they use it differently.

Here's just some of what you'll discover in this practice-transforming event...

• How to effectively utilize your time to enroll your team to help as many people as you choose and profit from it too;
• To work effectively with your team;
• How to balance your work life and your personal life to ensure you are able to create the maximum amount of value in both; and
• How to have sufficient time to market consistently which will ensure consistent cash flow and free up the time you're currently spending chasing dollars.

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

Five Essential Roles For A Successful Practice – Part One

Many people have a business that makes them money by default rather than by design.  Michael Gerber in “The E‑Myth” declared that the entrepreneurial myth is that most businesses are started by people risking capital to create value. In reality, Gerber contends, most businesses are created by frustrated technicians.  Gerber goes on to discuss the three common roles in business: the entrepreneur, the technician, and the manager.  So in this blog series, I will be expanding on what Gerber believed, based on my extensive work with more than a thousand small estate planning law firms over the past 15 years.

Gerber’s assessment is spot on and a macro approach.  I will apply it in a more micro way to show what is needed at all levels of a successful law firm.  In my experience, five key roles must be fulfilled to truly have success in any practice or business.  Those five keys roles are the entrepreneur, the visionary, the transformer, the performer, and the leader.  Let’s distinguish the subtleties of each role and how they interact to achieve ultimate success.

The primary role essential to success is the entrepreneur.  In my experience, the role of entrepreneur often gets confused or blended with the role of visionary, yet they are separate roles.  While both are often fulfilled by the same person, each requires a different skill set and achieves different results.  Let's examine the entrepreneur.  An entrepreneur is “one who pursues opportunity without regard for resources currently controlled,” according to Harvard Business Professor Howard Stevenson.  It seems appropriate but broad; I prefer a definition that sorts entrepreneurs into two levels.  A Level One entrepreneur is an individual who identifies, creates and delivers a vision the world benefits from.  I call a Level One entrepreneur a “solopreneur.” A Level Two entrepreneur is an individual who identifies, creates and delivers a vision the world benefits from, and is able to have it created and delivered without his or her direct involvement.  Most lawyers are Level One entrepreneurs; that is, the success of their business is wholly dependent on them.  As a result, they can be profitable, as many lawyers are, but their reach or impact is restricted by their individual capabilities and time.  A Level Two entrepreneur is one who can create value without having to create it and deliver it themselves.

The entrepreneur is distinguished from the visionary in that a visionary is, according to the Oxford Dictionary, “someone who thinks about and plans the future with imagination or wisdom.” An important distinction is that entrepreneurs can implement either their own vision or others' vision.  Did Ray Kroc invent the hamburger or the restaurant?  No, but he had a vision.  He had a vision of how to do it differently.  Conversely, do you need to be Ray Kroc to own a successful McDonalds restaurant, or to be a successful entrepreneur?  No.  Entrepreneurs can implement the vision of others, as in the case of a franchise owner.  The key point here is that both roles are needed.  While entrepreneurs can implement their own or someone else's vision, not all visionaries can create and deliver their vision, and therefore, would not be an entrepreneur.  For example, do you know who invented the Post-it note?  Obviously, being creative and a visionary does not make you an entrepreneur, and this is the key distinction.

Lawyers with Purpose is an organization created by a successful entrepreneur and visionary who created a system that enables any attorney to implement it with the same success.  Come discover.  In the remaining parts of this series, we will discuss other key roles necessary for success: the transformer, the performer and the leaders.

If you aren't a Lawyers With Purpose member and want to discover how to be a successful entrepreneur and/or implement the ideas of other successful entrepreneurs and visionaries, join us for our FREE Having The Time To Have It All Webinar on Thursday, July 23rd at 2:00 EST. Register today to join the conversation and build the practice of your dreams!

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

 

Team Retreats Build Successful Businesses

I spent the first Wednesday - Friday of June in St. Louis with my entire law firm – nine of us in total. It was scary to think about shutting down the law firm for three days.  What about the prospective clients we would miss?  What about clients in crisis calling for immediate answers?  What about the expense for nine people to fly and stay in hotels?

Quite the contrary!  It was and remains one of the best investments my firm makes three times a year.  Attending the Lawyers with Purpose Tri-Annual Practice Enhancement Retreat with my entire team allows us to get out of the office, learn substantive materials pertaining to each functional role, work on the business side of law and create collective goals. This retreat we specifically enjoyed the wholesale and retail marketing panels, learning how and when to hire a law office manager, how and why estate planning and elder care law firms could benefit by adding financial services, and how we maximize results by knowing our own value and having crucial conversations. 

But, do you want to know the real reason I love going to the Tri-Annual Practice Enhancement Retreats and taking my entire team?  When we return to the office, no one has piles of work to catch up on, because everyone was away together.  We are refreshed with new motivation and we don’t have the clutter that often prevents us from accomplishing our goals.  With clear minds, clear offices and a team in unison, you can easily achieve what just the week before seemed impossible.

Look for opportunities to get your team out of the office together!  They will return stronger than ever to support your mission.

If you aren't a Lawyers With Purpose Member and want to know more about joining our community and attending future retreats, consider joining our Having The Time To Have It All FREE Webinar on Thursday, July 23rd at 2:00 EST.  Simply click here to register!

Victoria L. Collier, Co-Founder, Lawyers with Purpose, LLC, www.LawyersWithPurpose.com; Certified Elder Law Attorney through the National Elder Law Foundation; Fellow of the National Academy of Elder Law Attorneys; Founder and  Managing  Attorney of The Elder & Disability Law Firm of Victoria L. Collier, PC, www.ElderLawGeorgia.com; Co-Founder of Veterans Advocates Group of America; entrepreneur; author; and nationally renowned presenter. 

 

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.

More 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 [email protected].  

If you aren't a member and want to learn more about joining the Lawyers With Purpose community, contact Molly Hall at [email protected]

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.   

Thinking Of Becoming A Sponsor For The Next LWP Retreat? 5 Things To Know

Guest post by Laura Lee Sparks:

Almost seven years ago, I had the privilege of facilitating an estate planning conference with Dave Zumpano as one of our guest speakers.  He was there to educate our members on his proprietary estate planning and elder law software. 

I remember watching the presentation and thinking that he was ahead of his time in creating and designing technology that not only generated comprehensive documents, but also automated every need of the client.  It inspired me to hone my own skill set and shift my focus to helping the public see estate planning in a more holistic and forward-thinking way.

In 2010, I re​structured my business, Legal Marketing Maven.  My husband was dying from cancer, and he urged me to devote the majority of my efforts to helping lawyers spread the word about their services to desperate families and caregivers in their greatest time of need. 

In less than six months, Legal Marketing Maven doubled its profits, as well as the size of our team.  More importantly, we were out there making a difference.  Our efforts have continued to grow and evolve ever since.

One key strategy that contributed to our rapid success was choosing to exhibit at legal events across the country.  We’ve been to many conferences as sponsors, some of which have been worth our while and others that have been very expensive learning experiences.    

Rewind two weeks ago.  I had the opportunity to be a sponsor for the first time at LWP’s June Tri-Annual Practice Retreat in St. Louis, MO – and the event was unlike anything I have experienced in the legal conference space.

Maybe you do funding, financial services, drafting, complimentary legal services, marketing or some other business that serves estate planning and elder lawyers.  All I can say is that you are doing a huge disservice to your company by not getting yourself and your team to LWP’s next live event. 

Here are just a few ways that my experience at the Lawyers with Purpose event stands out from other vendor opportunities I’ve had:

1.     LWP is a family – and they invite you to be part of it.  When you attend an LWP event as a sponsor, you are not looked at as just another “salesperson” lurking in the hallways.  The culture is one of family, so even vendors are accepted with open arms into the LWP tribe.  It was a great feeling, and we made many amazing new relationships as a result.

2.     All sponsors are personally vetted by company leaders.  Because attendees know that the LWP team carefully selects the sponsors for a reason, there are more opportunities to build relationships with prospects and educate them about your services without skepticism or jumping through hoops to get attention.  

3.     LWP supports your business and APPRECIATES your contributions. The entire LWP team has been in your shoes. They are practice owners, entrepreneurs and experienced marketers. They know what it takes to grow a business and they are sensitive to the needs of complimentary business owners who attend their events as sponsors.

4.     LWP’s unique abundance mentality leads to amazing collaborative opportunities.  LWP does a wonderful job of helping lawyers shift their mindsets from one of “I have to crush competition at all costs” to one of abundance.  We had the opportunity to sit down with “competing lawyers” in over-saturated areas who wanted us to help them WORK TOGETHER to support each other’s efforts through marketing.  This happened more than once!  The collaborative environment among attendees, as well as sponsors, was unlike anything I’ve seen before.

5.     LWP staff and attorneys have the most fun.  Enough said.  You’ll quickly forget you are there on business with all the friends you’ll be making. 

We’re planning to attend the October Tri-Annual Practice Enhancement Retreat, and we hope you’ll join us, too!  There is no greater opportunity to connect and partner with a group of forward-thinking lawyers who are literally changing the world and making significant and impactful differences in their local communities.  Don’t wait to reach out to the team about sponsorship. We’ll see you in Arizona!

If you are interested in sponsorship opportunities at the October Tri-Annual Practice Enhancement Retreat, please contact Roslyn Drotar at [email protected] for dates, location and a Sponsorship Prospectus.  

Laura Lee Sparks, CEO, Legal Marketing Maven

I Am Not Afraid...

I hate conflict.  Yes, I am a lawyer and, no, I do not like conflict.  When I was a child, I was extremely withdrawn and shy.  My mother left my father, brother and me when I was two years old. My father remarried when I was six, and my stepmother was very strong in personality and discipline.  That same year, my mother committed suicide. I learned that if I kept my head down and my mouth shut, I would be left alone.  I learned to avoid conflict. But, in exchange, I never learned how to express myself or my feelings.  In high school, I was forced to write journals and took that opportunity to push the limits on sharing my feelings, but without confrontation.  These behaviors served me well when I enlisted in the United States Air Force. Keep your head down, say “Yes, sir” and keep your mouth shut otherwise. 

Because of that, when I started my law practice right out of law school, I was woefully unprepared to manage a business with employees. I was not initially great at hiring employees. I was even worse at firing them.

I was afraid of hurting their feelings. I was afraid they would not find a new job (which made me feel responsible for their financial demise). I was afraid I would not find a suitable replacement. I was afraid they would quit before I was ready to fire them.  I was afraid of running my business without them. But most of all, I was afraid to even discuss small problems with them. 

For example, when an employee was coming in late regularly, instead of raising this issue, I would internally justify that they were working over lunch or working late. While that sounds reasonable, it isn’t, actually, because the other employees get the perception that it is OK to come in late.  Everyone then starts to dribble into the office at their own discretion.  Consistency is gone.  Efficiency is gone. Eventually, morale is gone.

Over the years, I have read a lot of books on hiring and firing. That helped tremendously. But what helped more was the moment when I realized that, while I was trying to avoid external conflict with my associates and team members, I was actually in a ton of internal conflict with myself.  The internal conflict carried a lot of stress and negative baggage that continued to build each day as I “kept my head down and my mouth shut” until I imploded. Implosion destroys relationships, and it is not constructive.

Today, for many reasons, to include the fact that I have learned through the systems and processes of Lawyers with Purpose to run my law practice like a business and take the “emotional” equation out of it, I am no longer afraid of having constructive discussions with my team, together or individually.  When I am experiencing internal conflict, so are they.  Someone needs to be the leader to initiate these difficult but necessary conversations. In many cases, the issue will be beautifully resolved and jobs maintained. In other cases, when team members leave, it is best for both the firm and the former employee. 

Without the conflict, we can all better focus our energy on productivity and profitability. I am no longer afraid. Now, I challenge myself to have the conversation swiftly and confidently that leads to success.  If you are like I was, in addition to becoming a part of the Lawyers with Purpose community that can support you, I recommend you do two things:

1. Read Dan S. Kennedy’s “No B.S. Ruthless Management of People and Profits: No Holds Barred, Kick Butt, Take-No-Prisoners Guide to Really Getting Rich”, available on Amazon.com; and
   
2. Before each necessary conversation, say to yourself:  This is to OUR success!

Training on how to actually initiate and conduct safe conversations was presented at the Lawyers with Purpose Tri-Annual Retreat in St. Louis last week. To grow the strength of your team to improve efficiency and profitability, join Lawyers with Purpose!  http://www.lawyerswithpurpose.com/Join-LWP.php

Victoria L. Collier, Co-Founder, Lawyers with Purpose, LLC, www.LawyersWithPurpose.com; Certified Elder Law Attorney through the National Elder Law Foundation; Fellow of the National Academy of Elder Law Attorneys; Founder and  Managing  Attorney of The Elder & Disability Law Firm of Victoria L. Collier, PC, www.ElderLawGeorgia.com; Co-Founder of Veterans Advocates Group of America; entrepreneur; author; and nationally renowned presenter.