Every so often you run across a story that really demonstrates what it means to fight for a client. I posted this story on my Facebook page a couple of weeks ago, and had to share it here in its entirety — a wonderful testament to a persistent attorney and his associate who were determined to prevail for their client. Well done!
The Biggest Success of my Career
By Darol Tuttle, Attorney at Law, P.S. (Tacoma, WA)
I have permission to share the following story and my client, Rachel, has graciously agreed to allow me to post her photo with the story. I want to thank her for allowing me to do so because her story is important and she is likely not alone.
I met Rachel after she called my law office and asked me to help her with a claim for widow’s pension that had been denied by the Department of Veteran’s Affairs. During our first meeting, she told me the following story.
Rachel was married for eleven years, happily, to an Army soldier. Her husband was deployed to Iraq but returned with a severe case of Post Traumatic Stress Disorder. The condition was torturous and he was often violent. He became abusive. The once happy couple went to marriage counseling. Finally, the counselor advised Rachel, our client, to divorce her husband out of fear that the husband would kill her. She reluctantly did and obtained a Divorce Decree, i.e., a Court Order for divorce. Tragically, Rachel’s husband committed suicide soon after.
Like many Army wives, Rachel had struggled financially while her husband was alive. The couple certainly made ends meet but were not rich; no one becomes rich serving their country. After his death, Rachel was devastated from the divorce, death and financial ruin. She worked at a job she loved but it paid so little she was barely able to pay her bills.
Seeking help, she applied to the Department of Veteran’s Affairs for a pension for surviving spouses of Veterans who have died from a service connected injury, illness or disability. The pension is called “Dependency and Indemnity Compensation” or commonly “Widow’s Pension.” The VA denied the claim because she was not married to the Veteran on the date of his death.
She had gone to several “Veteran Service Organizations” for help. None would help her. Finally, she contacted us through our website. I agreed to meet with her – if for no other reason than just to say how sorry I was that this had happened. Anyone who has gone through something like Rachel had, gets the courtesy of a meeting with me anytime.
Once I met Rachel, I just felt like we couldn’t just let this one go. Sometimes being a good lawyer means not taking “no” for an answer. She had loved her husband. The Army recognized her husband’s condition of Post-Traumatic Stress Disorder as a service connected injury. She divorced only because of his condition and her concerns for her safety. It just did not seem right.
I have a bright young associate attorney, Katie Bernstein . I put her on the project and asked her if there was any proverbial “wiggle room.” She reported back that the claim could be appealed if we could show that the Divorce Decree had been vacated by Superior Court. There is a civil procedure to vacate a Court Order but it is extremely difficult to obtain. Not practicing family law, I asked Rachel to obtain an attorney to vacate the Decree and, if so, come back with the Order and we could file an appeal with merit.
Rachel explains that she then called 40 family law attorneys to find help. 39 told her it was impossible. Finally, the 40th attorney, Sans Gilmore, agreed to take the case and successfully obtained a Order to Vacate within three weeks. (Kudos to Mr. Gilmore. I am proud to say that Mr. Gilmore is apparently a former JAG attorney like me, i.e., also a veteran himself.)
Astounded to have Rachel return so quickly with an Order to Vacate, I directed my staff to submit a Statement in Support of Claim to the VA on the pending case even though it was officially closed and began to prepare myself for a two to three year appeal.
I was completely astounded to get a phone call while I was leaving for Memorial Day weekend from Katie indicating that the VA had approved the claim, already deposited a check in Rachel’s bank account for back benefits in excess of $20,000 and she would now receive pension and health care benefits for the rest of her life.
Speaking with Rachel after this success, she commented “No one was willing to help me but I wasn’t going to take no for an answer. I also know that there are others going through this too. But, even I am in total shock. I can’t believe it because it turned out to be so simple once I had someone to help me.” Rachel now has financial security. She also noted that she can continue to work at her job that she loves. “It gives me hope for the future.”
Sometimes, I am very proud to be a lawyer.