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Ftca

SeattleShay

Asked by SeattleShay,

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SeattleShay Rising Star

SeattleShay

Posted
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In general, how long does it take to finalize a FTCA?

I still haven't made up my mind whether to file...but I'm leaning more and more to the FTCA .

This would be for them taking 28yrs to correctly read an x-ray and see that my coccyx has 3 open fractures.

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william n Proficient

william n

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i currently have a SC claim and a ftca.. to the best of my knowledge that have no effect on each other whatsoever...one claim is at Regional Counsel and the othher is at your RO....William

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Berta Grand Master

Berta

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FTCA has a Statute of Limits-

The VA must have receipt of your SF 95 within two years after the day you became aware of malpractice.

Section 1151 claims have no time limit.

FTCA can offset any Section 1151 award and vice versa.

The ROs handle 1151 claims- the Regional Counsel handles FTCA claims-

The RC up here in NY wanted to settle with me in a very short period of time- I had good evidence-

there were VA screw ups- etc etc- causing me to go to the OGC-what could have taken 3-4 months- ended up taking over 3 years-

I am beginning to think that FTCA claims should all be filed directly with the OGC-

The General COunsel can award large settlements-I think the RC is limited-and might have to send the claim to Washington anyhow at some point.

FTCA claims should have an IMO to back up the malpractice.

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