B-104471, APR. 20, 1956

B-104471: Apr 20, 1956

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- "WHAT I AM TRYING TO ACCOMPLISH IS THIS: I WANT MY CLAIM ACCEPTED AND PLACED IN THE PROPER RECORDS OR FILES BECAUSE I FULLY REALIZE THAT IF THE BALANCE DUE IS TO BE PAID. THAT ONLY THOSE THAT HAVE THEIR RESPECTIVE CLAIMS PROPERLY MADE OUT AND FILED WILL RECEIVE THE AMOUNTS THAT IS DUE THEM BUT HAS NOT BEEN PAID BECAUSE OF THE SO CALLED STATUTE OF LIMITATIONS.'. YOUR CLAIM IS BASED UPON THE CLAIM OF YOUR DECEASED HUSBAND AND IS CONSIDERED AS OF RECORD FROM THE DATE YOUR HUSBAND'S CLAIM WAS FILED. YOU WERE INFORMED IN OUR LETTER OF MARCH 21. PART OF YOUR HUSBAND'S CLAIM WAS DISALLOWED BECAUSE IT WAS NOT FILED IN OUR OFFICE WITHIN TEN YEARS FROM THE DATE IT FIRST ACCRUED AND. WAS BARRED FROM CONSIDERATION BY OUR OFFICE PURSUANT TO THE ACT OF OCTOBER 9.

B-104471, APR. 20, 1956

TO MRS. LEATHA THOMPSON:

YOUR LETTER OF MARCH 29, 1956, ACKNOWLEDGES RECEIPT OF OUR LETTER OF MARCH 21, 1956, BUT STATES THAT---

"WHAT I AM TRYING TO ACCOMPLISH IS THIS: I WANT MY CLAIM ACCEPTED AND PLACED IN THE PROPER RECORDS OR FILES BECAUSE I FULLY REALIZE THAT IF THE BALANCE DUE IS TO BE PAID, THAT ONLY THOSE THAT HAVE THEIR RESPECTIVE CLAIMS PROPERLY MADE OUT AND FILED WILL RECEIVE THE AMOUNTS THAT IS DUE THEM BUT HAS NOT BEEN PAID BECAUSE OF THE SO CALLED STATUTE OF LIMITATIONS.'

YOUR CLAIM IS BASED UPON THE CLAIM OF YOUR DECEASED HUSBAND AND IS CONSIDERED AS OF RECORD FROM THE DATE YOUR HUSBAND'S CLAIM WAS FILED. YOU WERE INFORMED IN OUR LETTER OF MARCH 21, 1956, PART OF YOUR HUSBAND'S CLAIM WAS DISALLOWED BECAUSE IT WAS NOT FILED IN OUR OFFICE WITHIN TEN YEARS FROM THE DATE IT FIRST ACCRUED AND, ACCORDINGLY, WAS BARRED FROM CONSIDERATION BY OUR OFFICE PURSUANT TO THE ACT OF OCTOBER 9, 1940, WHICH BAR EXTENDED TO YOUR CLAIM AS HIS HEIR. SHOULD ANY LEGISLATION BE ENACTED BY THE CONGRESS WAIVING THE STATUTORY LIMITATION IN SUCH CASES YOUR CLAIM WOULD BE CONSIDERED UNDER SUCH LEGISLATION AND APPROPRIATE ACTION TAKEN ACCORDINGLY.