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Information  and  Supporting  Documentation - 14135_317
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Military Claims Act - 14135_319
the claim. It could also deny a deserving claimant fair compensation. Upon completion of the investigation, the CO or OIC  takes  action  on  the  report  of  investigation. Depending on the circumstances, either the original report  or  a  complete  copy,  together  with  all  claims received, must be promptly sent to the appropriate claims  adjudicating  authority. Adjudication An  adjudicating  authority  is  an  officer  designated by JAG to take administrative action (pay or deny) on a claim. In the Navy and Marine Corps, adjudicating authorities include certain senior officers in the Office of the Judge Advocate General (OJAG) and COs of NLSOs. NLSOs and certain other commands have been assigned responsibility for adjudicating claims in their respective geographic areas. A claim usually will be sent by the command to the adjudicating authority serving the territory where the claim arose. There is no maximum limit on the amount that can be paid under an FTCA claim. Payments in excess of certain amounts may require prior written approval by the  Attorney  General  or  his  or  her  designee.  An adjudicating authority can deny FTCA claims up to twice   the   amount   authorized;   therefore,   if   an adjudicating  authority  can  pay  FTCA  claims  up  to $20,000, FTCA claims up to $40,000 can be denied. Claims in excess of $40,000 could be denied only by an adjudictiting authority in OJAG. Even though a claim may demand more than the payment or denial limits of an adjudicating authority serving a particular area, the command receiving the claim should send it to the appropriate  local  adjudicating  authority  who  can attempt to compromise the claim for an amount within payment  limits. The adjudicating authority can take any of the following  actions: . Approve the claim, if within the payment limits . Deny the claim, if within the denial limits c  Compromise  the  claim  for  an  amount  within payment  limits .  Refer  the  claim  to  OJAG  if  (1)  payments  are recommended in an amount above the adjudicating authority’s   payment   limits   or   (2)   denial   is recommended, but the amount claimed is above the adjudicating  authority’s  denial  limits When a claimant accepts a payment in settlement of an FTCA claim, the acceptance releases the federal government from all further liability to the claimant arising out of the incident on which the claim is based. Any federal employees who were involved are also released from any further liability to the claimant. Therefore, if a claimant is not satisfied with the amount the adjudicating authority is willing to pay on an FTCA claim, the entire claim will be denied. The claimant then will have to bring suit in federal district court to recover on the claim. A claimant who accepts payment on an FTCA claim, even though unhappy with its amount, will be  barred  from  recovering  any  additional  amounts  on that claim from the government or from any federal employee who was involved. The courts have held that acceptance  of  payment  for  property  damage  does  not prevent  a  subsequent  action  for  personal  injury,  unless the government can demonstrate that a settlement of all claims  was  contemplated  by  the  parties. Settlement and Payment A  settlement  agreement,  signed  by  the  claimant, must  be  received  before  payment  in  every  case  where the claim is either settled for less than the full amount claimed or the claim was not presented on a Standard Form 95. Refer to appendixes 1-2 and 1-3 of JAGINST 5890.1  for  samples  of  settlement  agreements. Denial of the Claim Final denial of an administrative claim will be in writing and will be sent to the claimant or his or her duly authorized  agent  or  legal  representative  by  certified  or registered mail, with return receipt requested. The notification  of  final  denial  will  include  the  reason(s)  for the denial. The notification will also include a statement informing the claimant of his or her right to file suit in the  appropriate  federal  district  court  not  later  than  6 months after the date of the mailing of the notification. Reconsideration Within 6 months of a final disposition of an FTCA claim by an adjudicating authority, the claimant may request  reconsideration  of  the  denial. Claimant’s Right to Sue Within 6 months after final denial of an FTCA claim by the adjudicating authority, the claimant may bring suit in federal district court. There is no right to a jury trial in an FTCA case. Although the Department of 12-10

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