Met With Va Regional Counsel Lawyer Today/ftca 95

[william n]

just thought i'd let ya'll know how my meeting went..he said he was waiting for the med/records to come back from GA. asked me how i was doing, and i told him not too good if i'm sitting here with you.He reminded me that every time i add an amendment too my FTCA claim, it starts the 6 month rule all over. i said i knew that.what he did'nt tell me was how much bigger and stronger my case is getting..i told him i was'nt worried about the time,i've got plenty of it..he asked for a copy of my NSC pension award letter..no problem. he wants to see the breakdown on the percentages vs. my claimed injuries..he told me to keep in touch bi/weekly otherwise after 60 days they consider the claim abandon..i said i'll be in touch,not going anywhere..that was it?? williamn

[Pete53]

Jim:

It was probably a test to see if William had copies or originals of his records.

[carlie]

I do not think state statues apply to a FTC as the act is very specific and is Federal.

I sure don't understand undertaking this without an attorney, it is very technical and

if I remember right my FTC attorney by law was limited to 25% - even if we went to trial.

I do not feel ANY offer will be made until the claim goes to either mediation or court.

jmho -- good luck.

carlie

[william n]

hello all, just wanted to shed some light on the tort claim..i recently received a NSC pension award, in that claim, i claimed[disabilities] and my right shoulder as a disability as well, in lieu of an 1151 claim. the lawyer wants to see the award letter he stated, to see the percentage i was afforded on that shoulder. now if he is privy to that info already, i don't know. he may or may not be.i'm sure however that they have the capabilities to access the system, however all they'll come up with is the 100% nsc pension awarded,authorized on Dec.3,2007.. unless he digs deeper.why he wants a copy from me is really a moot point for me.i'll gladly let him have a copy.Now, how the tort claim relates to the pension awarded, is only him trying to make a point that if a settlement is offered, any money received from the settlement will offset any future pension payments. i agree.... i am being guided currently by a tort law firm from texas.[archuleta,alsaffar,higginbotham,ESQ...family's/friend]..they will be coming on board when/if needed.all medical records and correspondence is in their pocession, almost daily. my tort involves 12 residents/doctors, 2 VA hosp..16 counts/allegations..[if they were to offer me $1.98 tomorrow i'd take it]lol,lol i am aware of complications that will arise, but i do have access to a phone/fax..right now with Regional Counsel, its all about getting to know each other and feeling each other out, without making each other privy to the complaint strategies.if in fact the VA does not want to settle prior to mediation, then someone will fly in. again i thank all for your feedback, it keeps the fire burning..williamn

[william n]

as a footnote as to why the lawyer is interested in the pension award %'s ..in order to be eligible for pension purposes, one must have been determined to have a lifetime disability rendering him unemployable. sooo, i can see as to why he is curious as to the % assignment/breakdown of disabilities vs. any settlement offer the VA may be considering in my FTCA claim..and which i include in my disabilities/allegations/complaints..regards, William n

Edited December 11, 2007 by williamn