Jimenez Nieves v. United States

FINDINGS OF FACT AND CONCLUSIONS OF LAW

LAFFITTE, District Judge.

Plaintiffs Octavio Jiménez, his wife Josefa Rivera, and their four minor children sued the United States for damages under the Federal Tort Claims Act, 28 U.S.C. 1346(b), 2671 et seq. This case has its genesis when the Social Security Administration (SSA) stopped payment on benefits checks which plaintiff Octavio Jiménez had negotiated for his now deceased mother in 1975. The checks were dishonored when an error was made by the SSA in wrongly entering a notation that plaintiff’s mother had died in 1975, instead of March 1976.…