Lawyers bilk Holocaust survivors for thousands of Shekels in state compensation

A 78-year-old Holocaust survivor was forced to pay NIS 9,393 just to fill out her forms to get her state allowance of only NIS 1,590 a month, according to the head of the department in the psychiatric hospital where she is hospitalized.

Vika, who has a government appointed guardian to manage her affairs, is one of several survivors who have agreed to pay lawyers large sums to release the state funds.

"We are asking your immediate intervention with the guardians. This is the simplest work, filling out the forms," read a letter sent from the head of the hospital to State Comptroller Micha Lindenstrauss on behalf of Vika last week. "If it is necessary, we are willing to fill out this form for every Holocaust survivor for the symbolic fee of one shekel."

Vika, before being hospitalized a month ago at the Abarbanel Mental Health Center in Bat Yam, could not afford to eat, she said. She has no property and no money. Almost a year has passed since a state-appointed guardian was named to look after all her needs, after it was decided she was incapable of managing her own affairs. She had been hospitalized a number of times previously at Abarbanel.

The Dorei Dorot Fund, a nonprofit organization that supplies guardianship services to the state, was appointed as Vika's legal guardian. But two weeks before the appointment of Dorei Dorot, she signed an agreement with attorney Shlomo Benporat, who handles claims for Holocaust survivors, in which she agreed to pay him 480 percent of her monthly allowance plus VAT. In addition, she agreed to pay 20 percent of any sum she received retroactively, also with VAT added on, adding up to NIS 9,393.

Dorei Dorot says since the contract was signed before they were given responsibility for Vika, even if it was only two and a half weeks, there is nothing they can do.

"True, we have responsibility to make sure her funds are manged properly, but we cannot invalidate the contract," said the organization, confirming they paid the NIS 9,393 from her funds. It seems this is all quite legal.

The Disabled Victims of Nazi Persecution Law, enacted in 1957, sets the maximum amount a lawyer is allowed to charge for such services, and since then thousands of survivors have paid these large sums. In the last decade, the question of such payments has been raised many times, and it is clear that there is no need for such payments. The victims are no longer required to use the services of a lawyer to fill out the forms, but it seems no one has informed them of the change.

Benporat, who has fought in the past on the behalf of survivors, responded that the form is seven pages long, not at all simple to fill out and requires a lot of work. Many Holocaust survivors continue to thank him for what he has achieved for them in court as well as for filling out the forms. He also said his fees are completely legal.

The Knesset passed a law a year ago compensating 8,000 Holocaust survivors who were not eligible for allowances, with NIS 1,000 a month. The new law allowed lawyers to charge no more than NIS 1,000 for filling out the forms and submitting them.

But lawyers have simply refused to handle such cases, claiming the sum is too low, Benporat said. That is why only 2,000 of the 8,000 survivors eligible for the allowances have been located so far, he says.