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Benefits and Allowances

The following are Frequently Asked Questions about Legal Assistance benefits and allowances. Please click on the question and the answer will appear. Click again to hide the answer.

 

Who can use the services provided by the Legal Assistance Program?

Legal assistance services can be used by:

  • all active duty service members and their families
  • certain Reserve Component service members and their families
  • retired service members and their families
  • surviving family members of service members who would have been eligible for legal assistance
  • certain DoD civilians and contractors
  • members of other military forces while serving in the United States (and their family members)
  • prisoners who have been discharged from military Service and are confined within a United States military facility
When are Reservists and their family members eligible to use services provided by the Legal Assistance Program?

There are three eligibility categories for Reserve Component (RC) service members:  RC members can use installation legal assistance services if they are on active duty orders for a period of more than twenty-nine days; undergoing pre-mobilization legal preparation (PLP); or, for a certain period of time, following their release from active duty (if they were on active duty for more than twenty-nine days).

The available services vary depending on which of the eligibility categories is applicable.  For RC service members on active duty for more than twenty-nine days, all legal assistance services are available for the members and their families.  Following release from active duty of more than twenty-nine days, RC service members and their families are eligible for all services for a period of time equal to twice the length of service of active duty, beginning on the date of their release from active duty.  For RC service members undergoing PLP, the available types of services are usually restricted to those applicable to mobilization or deployment (i.e., drafting/updating wills, advance medical directives, powers of attorney, etc.) and are only available to the RC service member.

When the RC service member is on active duty for a period of twenty-nine days or fewer, installation attorneys may be able to provide legal assistance based on availability and the expertise of attorneys in the office.  In this case, the available legal assistance services are typically restricted to emergency situations or certain categories of cases.  More information about services available to RC members on active duty for twenty-nine days or fewer can be found by contacting the installation Legal Assistance Office.

Are retirees and their family members always eligible to receive legal assistance services?

Yes.  The Legal Assistance Offices provide service to retired service members and their families.  For the purposes of the Legal Assistance Program, a retired service member is defined as any service member entitled to retired or retainer pay or equivalent pay, any former member of the Reserve Components entitled to retired pay, and service members receiving retired pay as a result of retirement due to permanent disability or placement on the temporary disabled retired list.

Are all DoD civilians and contractors allowed to use legal assistance services?

No. All DoD civilians and contractors are not eligible to use legal assistance services. DoD civilians and their family members are generally eligible for the program only when they are serving with the military in a foreign country or are preparing to deploy to or are in a theater of operations (there are certain other circumstances under which they may be entitled to use legal assistance services). Contractors and their accompanying family members can use the program if they are accompanying the military outside of the United States and if their contract states that DoD must provide legal assistance.

Is there a priority order for receiving legal assistance services or is it "first come, first serve"?

Although no priority order is specified in law or in DoD policy, legal assistance services are usually provided first to those with the greatest need.  Service members who are preparing for mobilization or deployment are typically provided the first priority, followed by active duty service members, their family members, Reserve Component service members on active duty for more than twenty-nine days, and their family members.

Is there a cost for legal assistance services?

No.  Services provided through the Legal Assistance Program are free to eligible personnel.  Clients, however, are required to pay all costs associated with their case, such as any court costs.  When the Legal Assistance Program refers a client to a civilian attorney or law firm, legal fees are not reimbursed by the government and must be paid by the client.

If a Legal Assistance Attorney represents a client in court, does that cost the client anything?

In the limited circumstances under which a Legal Assistance Attorney can represent a client in court, the client must pay all fees and costs associated with the case.  More information on in-court representation from the Legal Assistance Program can be found by contacting the installation Legal Assistance Office.