You did everything right. You filed your Federal Tort Claims Act (FTCA) claim, submitted your SF-95, and waited patiently for the agency’s response. Then, months later, you receive a letter that says:

“Your claim is denied.”

That letter can feel like a door slamming shut—but it isn’t the end. Under the FTCA, you have powerful options when your claim is denied. And if handled strategically, an appeal or lawsuit can actually lead to a stronger case and higher recovery.

At National Security Law Firm, we’ve guided clients nationwide through this exact moment. Our goal is simple: to turn denial into opportunity—and to maximize your settlement or judgment.

Understanding What a Denial Really Means

When a federal agency denies your FTCA claim, it’s saying one of two things:

  1. The agency believes the government isn’t legally responsible, or

  2. The agency doesn’t think the damages you claimed are supported by the evidence.

But here’s the key: a denial isn’t final. The FTCA gives you the right to challenge that decision—and many of the strongest cases start right here.

💡 Tip: Always keep the denial letter. It includes the official date that triggers your right to take the next step.

Your Two Options After an FTCA Denial

Once your claim is denied, you have two main paths forward.

Option 1: File a Federal Lawsuit

You can file a lawsuit in U.S. District Court within six months of the date listed on your denial letter.

This is the most common and effective path. Once you’re in federal court, a judge—not the agency—decides your case. You’re no longer waiting on a bureaucrat’s opinion; you’re presenting your evidence to an independent court.

Here’s what changes when you file suit:

  • Your claim becomes public record in federal court.

  • You can subpoena witnesses and compel discovery.

  • The U.S. Attorney’s Office defends the case for the government.

  • A federal judge determines liability and damages—no jury is involved.

Example:
Your claim for a botched VA surgery is denied by the Department of Veterans Affairs. We file in federal court, obtain internal VA emails through discovery showing known safety violations, and ultimately secure a seven-figure settlement.

NSLF’s attorneys include former federal and military litigators who know the government’s playbook. We build each case with one mission: maximize the judgment.

Option 2: Request Reconsideration from the Agency

If you’re not ready to go to court—or new evidence has emerged—you can request administrative reconsideration instead of filing a lawsuit.

You must file your reconsideration within six months of the denial. Once filed, the agency has another six months to review and respond.

You can submit:

  • New medical evidence or expert opinions

  • Witness statements or video footage

  • Updated proof of damages or lost wages

Example:
A postal worker hits your car, but your original SF-95 lacked a critical police report. When you find it later, you can submit a reconsideration showing the driver’s clear fault.

Sometimes, this process results in a reversal or improved settlement without the need for federal litigation.

⚖️ Pro Tip: If you request reconsideration, you pause the six-month lawsuit clock—but only temporarily. Once the agency issues its new decision, you’ll again have six months to file suit if it’s denied a second time.

When to File Suit Instead of Appealing

Every case is different, but generally, filing a lawsuit is best when:

  • Your injuries are severe or permanent.

  • The government’s negligence is clearly documented.

  • The agency’s denial was generic or unsupported.

  • The delay is causing hardship or financial strain.

Reconsideration can be useful for minor claims or when you’ve just found new, compelling evidence—but if the government is stonewalling, litigation gets results faster.

At National Security Law Firm, we evaluate every denial to determine which route gives you the greatest strategic advantage and highest payout.

Deadlines to Remember After Denial

Timing is everything under the FTCA:

  • ⏱️ Six months from denial to file a lawsuit in federal court.

  • ⏱️ Six months from denial to request reconsideration.

  • If you file for reconsideration, you get another six months after the agency’s response to file suit if it’s denied again.

Miss a single deadline, and your case may be dismissed forever.

That’s why NSLF tracks every timeline with military precision—we don’t let the government win on technicalities.

What Happens After You File a Federal Lawsuit

Once your case is filed in federal court, the government’s lawyers (from the U.S. Attorney’s Office or Department of Justice) will defend it. From there, the case usually involves:

  1. Discovery: Exchanging evidence, deposing witnesses, and reviewing agency documents.

  2. Settlement negotiations: Many cases settle once the government sees your evidence.

  3. Bench trial: If no settlement is reached, a federal judge decides liability and damages.

Our attorneys prepare every case as if it’s going to trial—because that’s how you get the best settlements. The government knows which firms are willing to fight, and National Security Law Firm is one of them.

How NSLF Maximizes Denied FTCA Claims

Even when the government denies responsibility, our team can often turn the case around by:

  • Uncovering new evidence through FOIA requests and expert review.

  • Strengthening the damages narrative to show the true impact of your injury.

  • Building leverage through strategic litigation threats.

  • Negotiating aggressively with Department of Justice attorneys who know we’re ready for trial.

Our attorneys include former government litigators who used to defend these very cases. We know the tactics, timelines, and weaknesses—and we use that knowledge to your advantage.

Why Choose National Security Law Firm

When the government denies your claim, you need a team that knows how to push back—hard.

Families and veterans nationwide trust National Security Law Firm because:

  • ⭐ 4.9-star Google reviews from clients nationwide (read them here)

  • 🪖 Former federal and military attorneys who know the system inside and out

  • ⚖️ Nationwide representation from Washington, D.C.—the hub of federal law

  • 💸 Transparent pricing and legal financing options through Affirm

  • 💬 Free, no-pressure consultations

  • 💥 Most importantly: We fight to maximize every settlement and judgment.

National Security Law Firm: It’s Our Turn to Fight for You.

Ready to Take the Next Step? Let’s Talk.

If your FTCA claim was denied, don’t give up—and don’t wait. Whether you want to file for reconsideration or take the fight to federal court, we’ll guide you step-by-step.

We’ll review your denial letter, analyze your case, and build a strategy to get you the best possible outcome.

📞 Call 202-600-4996 or book your free consultation online.
It’s quick, easy, and completely free.

Learn More About FTCA Claims

For in-depth guides and real-world examples, visit our FTCA Resource Center.

You’ll learn:

  • How to file and appeal an FTCA claim

  • What evidence strengthens your case

  • Common reasons claims are denied—and how to overcome them

  • Strategies to maximize your recovery under the Federal Tort Claims Act

Whether your case involves the VA, USPS, TSA, or another federal agency, our Resource Center breaks down every step in plain English so you can move forward with confidence.

National Security Law Firm: It’s Our Turn to Fight for You.