Anti-Government Claims

Question 1

Describe claims jurisdiction as it relates to the Federal Tort Claims Act.

Answer 1

Applies to claims for accidents or incidents arising in the US and its territories. Does not apply overseas, nor does it cover non-combat activities (NCA).

Question 2

Discuss procedures to determine proper claimants under the Federal Tort Claims Act.

Answer 2

Time, place, and purpose of the activity,
Whether or not the activity furthered the general interest of the AF, and
Whether or not the AF owned or furnished the property that caused the damage or injury.

Question 3

Determine appropriate settlement authorities for FTCA.

Answer 3

Base SJAs can settle claims for $25,000 or less. Can delegate to a subordinate paralegal. If claim exceeds that amount forward to JACC.

Question 4

Statute of limitations:

Answer 4

Two years from the date of the accident or incident giving rise to the claim; for claimant. Government has six months to settle the claim.

Question 5

Denied claims:

Answer 5

claimant may file suit in US district court, or request reconsideration.

Question 6

Determine appropriate forms for claims under FTCA.

Answer 6

Standard Form (SF) 95
Signed, sum certain = document with a signature with a demand for a specific amount of money = valid claim…claims personnel follow up to have claimant fill out SF 95 & other documents

Question 7

Explain procedures to properly receipt for an FTCA claim.

Answer 7

Review for completeness, advising the claimant ofany deficiencies
Complete receipt on left-hand side of document
Date received.
Claims personnel write full name (legibly)
Office symbol

Question 8

Proper Claimants:

Answer 8

Persons suffering damage, injury, or death under circumstances that the US, if a private person, would be held liable.

Question 9

Not Proper claimants:

Answer 9

Military members incident to service, including AD dependents for derivative claims incident to service;
Federal employees, incident to service.