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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
authoritys payment limits or (2) denial is
recommended, but the amount claimed is above the
adjudicating authoritys 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.
Claimants 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
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