United States · Federal statutory limitations
When must an FTCA suit be filed after the agency mails final denial?
Section 2401(b) measures the suit component from the agency’s certified or registered mailing of final denial and gives six calendar months. The trigger is not the claimant’s later receipt. Confirm qualifying final denial, exhaustion and any timely reconsideration request before using this ordinary component.
- Period
- Six calendar months from qualifying final-denial mailing
- Trigger
- Agency certified or registered mailing date of written final denial
- Rule
- 28 U.S.C. § 2401(b)
S. Code, laws in effect January 6, 2025. The subsequent-law review covers the retained 119th Congress corpus through Public Law 119-118, approved September 30, 2026. Its scoped candidate findings do not establish every claim-specific exception or later judicial application. This page requires the stated covered cause and legally established event.
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Which event starts this particular limitation?
Section 2401(b) measures the suit component from the agency’s certified or registered mailing of final denial and gives six calendar months. The trigger is not the claimant’s later receipt. Confirm qualifying final denial, exhaustion and any timely reconsideration request before using this ordinary component.
Responsible actor. The claimant commencing the exhausted FTCA civil action.
Preserve the written final-denial notice and certified or registered mailing evidence.
Confirm that the claim was properly presented and the proposed suit follows section 2675.
Check whether a timely reconsideration request changes the procedural posture.
Use for an established written final denial mailed by the agency through the statutory channel. This is not a deadline measured from six months of agency silence.
28 U.S.C. § 2401(b)How are six calendar months counted after denial mailing?
- Agency certified or registered mailing date of written final denial
- For the established federal civil court component, FRCP 6(a)(1) excludes the trigger day and includes intermediate weekends and holidays. A period in months or years uses its corresponding calendar date, rather than a fixed number of days. The final weekend or legal holiday moves forward under Rule 6(a). A target month or year without the corresponding day requires separate endpoint review; this calculator refuses that input.
- Commence the exhausted FTCA district-court action by filing the complaint. Preserve the court receipt and the agency denial and mailing records.
Retained 2024 annual U.S. Code, laws in effect January 6, 2025. The subsequent-law review covers the retained 119th Congress corpus through Public Law 119-118, approved September 30, 2026. Its scoped candidate findings do not establish every claim-specific exception or later judicial application. This page requires the stated covered cause and legally established event. Court computation uses the retained December 1, 2025 FRCP compilation; identified agency regulations use their separately stated 2026 API editions.
The calendar covers established events and results from January 1, 2025 through December 31, 2033. OPM observations for 2025–2030 are independently checked. Dates in 2031–2033 are standing-rule projections under 5 U.S.C. § 6103, not published OPM schedules. Additional presidential, congressional or district-state holidays, amendments and actual clerk inaccessibility require separate review. Inauguration Day is not treated as a nationwide district-court holiday. The coverage boundary does not establish statutory applicability or lateness.
FRCP 3, 6(a)(1), (3), (4), (6) and 6(d)What do independently derived component examples show?
Fictitious example
Fictitious independently established facts. Use for an established written final denial mailed by the agency through the statutory channel. This is not a deadline measured from six months of agency silence.
| Step | What is counted | Date |
|---|---|---|
| Ordinary established event | Agency certified or registered mailing date of written final denial | Tuesday, June 2, 2026 |
| Ordinary component | Event on Tuesday, June 2, 2026. The independently established 6-months component has the corresponding nominal date 2026-12-02. Under the stated federal civil court assumptions, the final date is 2026-12-02. No tolling, service addition or unknown local holiday is assumed. | Wednesday, December 2, 2026 |
| Holiday component | Event on Saturday, January 3, 2026. The independently established 6-months component has the corresponding nominal date 2026-07-03. Under the stated federal civil court assumptions, the final date is 2026-07-06. No tolling, service addition or unknown local holiday is assumed. | Monday, July 6, 2026 |
| Confirmed clerk-inaccessibility branch | Event on Tuesday, June 2, 2026. The independently established 6-months component has the corresponding nominal date 2026-12-02. Under the stated federal civil court assumptions, the final date is 2026-12-03. No tolling, service addition or unknown local holiday is assumed. Fictitious independently confirmed full-day clerk closure on Wednesday, December 2, 2026; no contrary court order. | Thursday, December 3, 2026 |
Fictitious independently established events and classifications. The displayed result is this one untolled component. Securities earlier-of comparisons and alternative wage classifications are separately identified. These examples do not determine accrual, discovery, statutory liability, the actual forum, an exception, a completed filing or an unrecorded closure. Use for an established written final denial mailed by the agency through the statutory channel. This is not a deadline measured from six months of agency silence.
Try these dates in the calculatorWhich qualifications can change this limitation analysis?
- Reconsideration
- A written request timely filed before suit and before the six-month expiration invokes the distinct 28 CFR 14.9(b) agency reconsideration procedure.
- Agency inaction
- Section 2675(a) permits an established deemed-denial election after qualifying agency inaction; it is not this mailed-final-denial trigger.
- Month-end inputs
- Six calendar months are not 180 days. Inputs without a corresponding target-month day require specific endpoint review.
- Calendar and endpoint coverage
- The calendar covers established events and results from January 1, 2025 through December 31, 2033. OPM observations for 2025–2030 are independently checked. Dates in 2031–2033 are standing-rule projections under 5 U.S.C. § 6103, not published OPM schedules. Additional presidential, congressional or district-state holidays, amendments and actual clerk inaccessibility require separate review. Inauguration Day is not treated as a nationwide district-court holiday. The coverage boundary does not establish statutory applicability or lateness.
- Use for an established written final denial mailed by the agency through the statutory channel. This is not a deadline measured from six months of agency silence.
- The calculation supplies the stated component on established facts. Unmodeled tolling, competing components and claim-specific exceptions require separate controlling review.
What must be completed and preserved?
Questions about this particular statutory limitation
When must an FTCA suit be filed after the agency mails final denial?
Do the six months start when I receive the notice?
The statute uses the date of certified or registered mailing of final denial.
28 U.S.C. § 2401(b)Earlier appropriate-agency claim presentmentAre six months the same as 180 days?
No. This is a calendar-month component. Verify the corresponding date and any unusual month-end issue.
28 U.S.C. § 2401(b)Different six-year general federal actionDoes a request for reconsideration leave this calculation unchanged?
Not automatically. The timely reconsideration procedure must be reviewed before using the ordinary final-denial component.
28 CFR 14.2 and 14.9, October 6, 2026 API compilationDifferent state-claim refiling procedureOfficial sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| 28 U.S.C. § 2401(b) | This statutory actor, event, period and qualifications |
| 28 CFR 14.2 and 14.9, October 6, 2026 API compilation | The separately identified agency procedure, related statutory requirement or primary decision |
| 28 U.S.C. § 2675(a)–(b) | The separately identified agency procedure, related statutory requirement or primary decision |
| FRCP 3, 6(a)(1), (3), (4), (6) and 6(d) | Federal court commencement, computation and filing boundary |
| 5 U.S.C. § 6103(a)–(b); Executive Order 11582 § 3(a) | Named and observed holidays, with explicit limits on future projections |
| OPM published federal holiday schedules through 2030 | Named and observed holidays, with explicit limits on future projections |
| 28 U.S.C. § 2401(a) | This statutory actor, event, period and qualifications |
| 28 U.S.C. § 1367(d) | The separately identified agency procedure, related statutory requirement or primary decision |