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Ftca Standard Form 95

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Mike Soumis

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Friday I went to a Federal Courthouse and asked for a copy of Federal Tort Claims Act Standard Form 95 and the clerk couldn't find that form in her computer or anywhere. Never heard of it. According to what I've read here on Hadit, that is the proper form for a Tort Claim. I thought I saw a site here on hadit once where you can copy that but I can't find it. Does anyone have that? Thanks, Mike

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Thanks again for the good info, I'll have to read it several more times to get it to totally sink in. I do get 30% for my feet and now 20% SC on my 1151 claim on my arms. I'm a easy going person, you think they'll do what is right, and they force you to do these things.

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Wait a minute. What it comes down to is what is the VARO going to offer you in settlement? Here is my scenerio. I did the tort claim because I didn't know about section 1151 benefits. The last written offer the VARO counsel gave me was 35,000 after two years of working with the VA and they get an extention any time they ask for it. I turned it down. Now we are in Federal Court. In our settlement conference the US Attorney who acts on behalf of the VA said the new offer is 15,000 lump sum to me and they get credit for 15,000 of my SC disability pay for the last 3 years which adds up to be 30,000 settlement and then they hold my service connected disability pay until the monthly amount adds up to 30,000. That is about 29 months. Now, for the tort claim I have an attorney so he gets 25% of 30,000 which is 7500 which is taken out of the 15,000 lump sum which ends up now being 7500 for me, but I have to pay for the filing fee and the expert witnesses, postage. I could come out with about 5000 lump sum for the medical malpractice and then not get my SC disability pay for 29 months. How does what I've read below help me in anyway. I see my situation as a lose lose situation. They give me 30,000 (15 lump+offset credit for 15,000), I pay my attorney and fees and end up with 5000 and then I pay the VA back for the money they paid me for medical malpractice with my service connected disability pay. Any thoughts? HELP!

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