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Ftca Question


Blessedmom

Question

Good Afternoon

I have just a quick question about FTCA statue of limitations. I have read two different things concerning the statue of limitations.

1. The statue of limitations is 2 years. Does this two year include actually sueing the government after they have, for example, denied or did not respond to the SF 95? Somewhere I read it did. But my understanding from all the other readings is this --if an act occurred on June 2009 then you have until June 2011 to sumbit an administrative claim SF 95. Please let me know if I am right or wrong. I tried finding the actually law written on it, but could not find it mentioning the 2 year frame. I am still wanting for my lawyer to submit paperwork. My husband passed in June 2009. Do I have until June 2011 to submit the SF 95? Then the government has 6 months after that to respond.

Thanks so much

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To clarify-

on a wrongful death the Section 1151 claim award involves DIC under 1151.Not the same as DIC for direct SC death. All that info is here at hadit.

It is the DIC that becomes "offset".

If there is no DIC award there is nothng to offset.

I advises a friend of mine as to his potential for both FTCA award and 1151 the same day I wrote his 1151 claim.

He thought it over and didnt want to pursue FTCA for many reasons.

He gets 100% P & T and SMC comp every month now under 1151 and said he might have spent a big lump settlement in a weekend!

And once any settlement money was gone there would have been no 1151 comp every month.He made the right decision. He got another retro of thousands on additional SC claim and spent that all in a few days.

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Hi Berta

Thank you for the info. You are wealth of knowledge. I have not yet spoken to my lawyers. I will speak to them on the matter of the 1151 claim and what I should do. I know you had advised me on a previous post about the 1151, but I guess I was trying not to overload the VA with claims. I have two other claims with my particular disability --adding my son to it and taking my husband off. Nevertheless, I will consult my attorneys. Please give me your advise on how to proceed with this. ---It was found in my husband's medical records that my husband died of a blood clotting disorder as I previously stated in another post. which according to studies and the independent doctor, he had been having for years. Before that discovery, I knew something was wrong when I started going through my husbands records and trying to piece everything together. So basically, I hired my own radiologist and got a second opinion and found out that they misread the x-rays. I have two written statements by two different doctors stating that there was a blood clot present on the x-ray. This blood clot was not treated by the doctors. They did not know it was there. Their radiologist (VA) misread the x-ray. I sent them the same x-rays that the VA doctors look at. So basically is this just one big claim for 1151-blood clots and x-rays. Does that make sense? Please help me to understand. I know you said you can not sue twice.

Thanks so much

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