Block V - Claims Administration

Question 1

Adjudication

Answer 1

Applying specific standards and/or procedures to determine the amount payable on a claim, if any.

Question 2

Advance payment

Answer 2

Payment is made in advance of the final settlement of a claim. Such payment applies only to certain claims. If a claim is later denied, not filed, or the final award is less than the advance payment amount, the staff judge advocate (SJA) will initiate recoupment action.

Question 3

WebAFCIMS

Answer 3

Web-based Armed Forces Claims Information Management System. This is a computer software program that allows claims offices to adjudicate claims electronically. It also collects data and provides monthly reports to enable legal offices to brief commanders at all levels

Question 4

Appeal

Answer 4

A request by the claimant to reevaluate their claim.

Question 5

Authority to execute a claim

Answer 5

If someone other than the proper claimant presents a claim, evidence authorizing this action must be included in the claim file. This evidence may be in the form of a power of attorney, court order, or other legal documents

Question 6

Authorized agent

Answer 6

Any person or coporation, including a legal representative, with authority to act on a claimant’s behalf. Some common examples of authorized agents include a family member, friend, or an attorney.

Question 7

Civilian personnel

Answer 7

Civilian employee of the US government who is paid from appropriated or non-appropriated funds. Civilian employees include volunteer workers but does not include contractors or their employees

Question 8

Claim

Answer 8

Any signed, written demand made upon or by the Department of the Air Force (DAF) for the payment of a specific sum. It does not include any obligations that the DAF acquires in the regular procurement of services, supplies, equipment, or real estate.

Question 9

Proximate cause

Answer 9

The dominant or primary cause of an injury or loss

Question 10

Claimant

Answer 10

An individual, partnership, association, corporation, country, state, or territory that files a claim

Question 11

Final denial

Answer 11

the last administrative decision to deny a claim

Question 12

Geographic area of claims responsibility

Answer 12

The territorial area that an SJA has responsibility for in the event a claim arises. Commonly referred to as jurisdiction or area of responsibility (AOR)

Question 13

Military personnel

Answer 13

individual uniformed members of the armed forces

Question 14

Settle

Answer 14

To pay or deny a claim, in full or in part

Question 15

Settlement authority

Answer 15

Any person authorized to settle a claim

Question 16

Statute of limitations

Answer 16

Statutes set a maximum time period during which specific actions can be brought or rights enforced

Question 17

Tort

Answer 17

a civil wrong in which one party causes personal injury or property damage to another and may be liable in damages. Some elements must be met for a tort, which are: the duty to do or not to do a certain act; a breach or violation of that duty occurred; that breach caused or was the proximate cause of the damage; and that breach or violation of duty cause property damage, personal injury, or death

Question 18

TJAG responsibilities under the claims organizational structure

Answer 18

• develops claims policies and procedures
• directs the training of legal personnel on claims policies and procedures *ultimate authority
• ensures legal offices and personnel have adequate resources to establish and administer a vigorous DAF claims program
• denying or approving claims against the DAF, as appropriate

Question 19

JACC

Answer 19

Claims and Tort Litigation division; works directly for TJAG

• primary responsibility implementing claims policies and procedures

-overseeing and providing authoritative guidance on claims processing worldwide

Question 20

JACC Additional Responsibilities

Answer 20

• authoritative guidance on processing of claims
• claims training (TJAG ultimate authority)
• Coordinating with DoJ, DoD, other government agencies
• Denying claims against DAF, regardless of amount
• Referring G-claims that are not settled by payment to the Dept. of Treasury for admin offset
• recommend settlement of tort claims above an SJA’s delegated settlement authority
• Investigate/take final action on tort claims not assigned to installation SJAs
• Ensure all MCRP claims are investigated and vigorously pursued
• Establish installation claims jurisdiction
• Manage web-based Armed Forces Claims Information Management System (WebAFCIMS)

Question 21

G-claims

Answer 21

Pro-government claims

Question 22

Smooth Move briefing

Question 23

Claims program policies

Answer 23

AFI 51-306

Accepting a claim

Investigation

Making promises

Settlement recommendation

Adjudication

Payment

Collection

Question 24

Statute of limitations on making a claim

Answer 24

2 years

Question 25

Departments that are involved in claims jurisdiction

Answer 25

• Military Personnel and Civilian Employees Claims Act (MPCECA)
• Federal Tort Claims Act (FTCA)
• Military Claims Act (MCA)

Question 26

Claimant eligibility

Answer 26

• the owner of the property
• the injured property
• an executor of an estate
• an insurer
• any other authorized by law (SPOA)

Question 27

Authority for processing overseas claims

Answer 27

handled by DoDI 5515.08, Assignment of Claims Responsibility

DAF legal will assist in settlements, upon request, arising in countries assigned to the Dept of the Army or Navy

Question 28

Who determines the jurisdiction for stateside claims? Where to find?

Answer 28

JACC

FLITE KM – Civil Law – Claims – Domestic Tort Claims