We are awaiting a settlement offer from VA Counsel on administrative FTCA claim for wrongful death due to medical negligence. Claim is brought on behalf of Estate of decedent by Administrator who is his widow. Decedent has children who likely be allocated some portion of settlement. Widow receives a monthly DIC benefit, I understand that this amount she recieves is subject to recoupment. but my question is whether the sum to be recouped is the amount only allocated to her or the total amount of the settlement/judgment. My guess is that she is only subject to recoupment for the portion allocated to her?
Am I right?
Also, is there any reduction in recoupment for atty fees? I think probably not.
Am I right on that one?
MLC