Jackson & Kelly v. Shinseki, 2009

  • Organization: CAVC
  • Document Type: Case law/admin decisions
  • Date Created: Wednesday, November 30, 2016
  • Submitted: Wednesday, November 30, 2016
  • Attachment(s): PDF

Before GREENE, Chief Judge, KASOLD and HAGEL, Judges. 
GREENE, Chief Judge: These consolidated cases present the questions of whether, under
38 U.S.C. § 7263, the Court has jurisdiction to review the fee agreements between appellants Deborah J. Jackson and Thomas W. Kelly and their counsel Kenneth M. Carpenter and, if so, (1) whether Mr. Carpenter is required to offset that portion of the Court's award of fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), granted for work performed on behalf of Ms. Jackson before the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) against the 30% contingency fee provided for by the parties' fee agreement, and (2) whether the workdone on behalf of Mr. Kelly at a VA regional office (RO) to obtain an earlier effective date is the
same work as that done at the Court to secure a remand eventually leading to the assignment of an earlier effective date. 
Upon consideration of the foregoing analysis and the parties' pleadings, Mr. Carpenter's
motion to withdraw his motion for review of the fee agreement in Kelly v. Shinseki, No. 03-1717, is GRANTED.  Further, Mr. Carpenter's motion for review of the fee agreement in Jackson v. Shinseki, No. 01-1965, is GRANTED and it is ordered that Mr. Carpenter refund to Ms. Jackson that portion of the past-due benefits paid to him under the fee agreement at issue consistent with this decision.