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FTCA for Caregiver Denial


mbl22885

Question

I applied for and was approved for SMC L in 2015. I also applied for and was denied entry into the post 9/11 caregiver program in 2015. I'm aware of the 2 year statue of limitations, but I have circumstances that would allow for an argument that would allow for an argument that I wasn't aware until recently. I know that this is kind of light on details, but I'm not exactly sure what to put and how to proceed. Is a denial over entry into a caregiver program potential grounds for a FTCA lawsuit though? 

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Is a denial over entry into a caregiver program potential grounds for a FTCA lawsuit though? "

No.

You can appeal the denial just like a regular claim.If you can scan and attach the denial here( and evidence list) maybe we can help more. Cover you C file#, and name ,address prior to scanning it.

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Alex recently discussed denials of SMC's.  SMC is inferred, whenever you meet the critieria.  So, for effective date purposes, you dont have a "date of claim", your effective date is the date you first met the criteria.  

This changes things.  He suggests you simply re apply.  

I tried to find his post on this, can not locate it right now.  

 

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