Section 1-815.03 - Statute of limitations

Statute of limitations

(a) Action for benefits. -- Any civil action by an individual with respect to a Federal benefit payment under this chapter shall be commenced within 180 days of a final benefit determination.

(b) Action for breach of contract or other violations. -- Except as provided in subsection (c) of this section, any civil action for breach of the contract or any other violation of this chapter shall be commenced within the later of:

(1) Six years after the last act that constituted the alleged breach or violation or, in the case of an omission, six years after the last date on which the alleged breach or violation could have been cured; or

(2) Three years after the earliest date on which the plaintiff knew or could have reasonably been expected to have known of the act or omission on which the action is based.

(c) Special rule for actions against Secretary. -- Notwithstanding subsection (b) of this section, any action against the Secretary arising (in whole or part) under this chapter or the contract shall be commenced within one year of the events giving rise to the cause of action.

CREDIT(S)

(Aug. 5, 1997, 111 Stat. 729, Pub. L. 105-033, § 11073.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 1-768.3.

Current through September 13, 2012