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PAC 2022-02 > Block V - Claims > Flashcards

Block V - Claims Flashcards

1
Q

What is AFI 51-306?

A

Administrative Claims for and Against the Air Force

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2
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Adjudication

A

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

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3
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Advance Payment

A

Payment is made in advance of the final settlement of a claim.

Only applies to certain claims

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4
Q

If an advance payment is made and the claim is later denied or is less than what was provided who recoups the funds?

A

The SJA

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5
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

WebAFCIMS

A

Web-based Armed Forces Claims Information Management System

Software program that allows claims offices to adjudicate claims electronically.

Also collects data and provides monthly reports to enable legal offices to brief CCs at all levels

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6
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Appeal

A

A request by the claimant to reevaluate their claim

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7
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Authority to execute a claim

A

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 POA, court order, or other legal documents

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8
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Authorized agent

A

Any person or corporation, including a legal representative, with authority to act on a claimant’s behalf. (family member, friend or attorney)

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9
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Civilian personnel

A

Civilian employee of the US government who is paid from appropriated or non-appropriated funds.

Civ employees include volunteer workers but does not include contractors or their employees

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10
Q

In regards to Claims Administration what does the following term mean?

Civilian personnel

A

Civilian employee of the US government who is paid from appropriated or non-appropriated funds.

Civ employees include volunteer workers but does not include contractors or their employees

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11
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Claim

A

Any signed, written demand made upon or by the Air Force (AF) for the payment of a specific sum

Does not include any obligations that the AF acquires in the regular procurement of services, supplies, equip, or real estate

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12
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Proximate cause

A

The dominant or primary cause of an injury or loss

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13
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Claimant

A

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

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14
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Final denial

A

The last admin decision to deny a claim

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15
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Geographic area of claim responsibility

A

The territorial area that an SJA has responsibility for in the event a claim arises.

Referred to as jurisdiction or AOR

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16
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Settle

A

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

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17
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Settlement authority

A

Any person authorized to settle a claim

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18
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Statute of limitations

A

Sets a max time period during which specific actions can be brought or rights enforced

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19
Q

Recognize terminology used within the claims area of legal practice (W)

In regards to Claims Administration what does the following term mean?

Tort

A

`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 or violation of duty caused property damage, personal injury or death

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20
Q

Identify basic facts about the claims organizational structure and the responsibilities at the Air Staff, MAJCOM, NAF, and base legal offices (W)

What are the TJAGs responsibilities regarding claims?

A

Developing claims policies and procedures

Directing the training of legal personnel on claims policies and procedures

Ensuring legal offices and personnel have resources to est and administer a AF claims program.

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21
Q

Identify basic facts about the claims organizational structure and the responsibilities at the Air Staff, MAJCOM, NAF, and base legal offices (W)

What are the responsibilities regarding claims for JACC?

A

Overseeing and providing authoritative guidance on processing claims

Conducting claims training

Coord w/ Dept of Justice, DoD, and other gov agencies on claims

Denying claims against the AF, regardless of amount

Referring Pro-Gov claims that are not settled by payment to Dept of Treasury for administrative offset

Recommending settlement of tort claims above an SJA’s delegated authority

Investigating and taking final action on tort claims not assigned to installation SJAs

Ensuring all potential MCRP claims are investigated, researched, and vigorously pursued until collected or resolved

Managing WebAFCIMS

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22
Q

Identify basic facts about the claims organizational structure and the responsibilities at the Air Staff, MAJCOM, NAF, and base legal offices (W)

What is the AF Claims Service Center (CSC) responsible for regarding claims?

A

adjudicating personal transportation and personal property claims.

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23
Q

Identify basic facts about the claims organizational structure and the responsibilities at the Air Staff, MAJCOM, NAF, and base legal offices (W)

What are MAJCOM and NAF SJAs responsible for regarding claims?

A

General supervision of claims activities within their command

direct supervision of their subordinate units’ claims activities and those orgs assigned to them for claims purposes

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24
Q

Identify basic facts about the claims organizational structure and the responsibilities at the Air Staff, MAJCOM, NAF, and base legal offices (W)

What does JACE handle in regards to claims?

A

Environmental claims

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25
Q

Identify basic facts about the claims organizational structure and the responsibilities at the Air Staff, MAJCOM, NAF, and base legal offices (W)

In regards to claims what are the SJA responsibilities?

A

Maintaining claims prgrm

ID and assert claims against tortfeasors for damage of AF real and personal property that occurs within their AORs

Investigating & taking final action on all tort claims within their AOR

Forwarding all other claims above their settlement authority to JACC

Notifying JACC of incidents having significant potential tort liability or adverse publicity

Conducting investigations into all environmental tort claims within their AOR

Assisting JACC w/ claims investigations

Ensuring claims under Art 139 are processed, investigated and resolved

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26
Q

Identify basic facts about the claims organizational structure and the responsibilities at the Air Staff, MAJCOM, NAF, and base legal offices (W)

In regards to claims, what are legal office claims personnel responsibilities?

A

Inspect property

interview claimants

investigate

assemble files

maintain all claims records

inputting info and pulling reports from WebAFCIMS

maintaining claims logs

follow file disposition rules IAW AFRIMS

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27
Q

Identify basic facts about the claims organizational structure and the responsibilities at the Air Staff, MAJCOM, NAF, and base legal offices (W)

What are all legal personnel in the office responsible for in regards to claims?

A

Identifying and providing proper claims forms

assisting clients

ensuring claims forms are correct and completed

performing inspections

performing outreach to local community regarding the claims process

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28
Q

What are some of the best ways to inform AF and DoD personnel about claims information?

A

Base newspaper

Base bulletin

Newcomers Orientation

Smooth Move briefing

Commander’s Calls

Legal office website or FB

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29
Q

Outline Air Force claims program policies (W)

In regards to Air Force claims prgrm policies, discuss the following

Accepting a claim

A

Never refuse a claim even if you not it is not payable or complete.

If incomplete, help the claimant fill out the form as much as possible

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30
Q

Outline Air Force claims program policies (W)

In regards to Air Force claims prgrm policies, discuss the following

Investigation

A

Promptly investigate and gather available evidence for every claim involving the AF that results in death, personal injury, damage to or loss of property.

Start investigation as soon as you are notified

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31
Q

Outline Air Force claims program policies (W)

In regards to Air Force claims prgrm policies, discuss the following

Making promises

A

Claims personnel will avoid making any promises to claimants, regardless of the situation

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32
Q

Outline Air Force claims program policies (W)

In regards to Air Force claims prgrm policies, discuss the following

Settlement Recommendation

A

Claims personnel will not disclose any type of information to a claimant indicating the recommendation for disposition of their claim.

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33
Q

Outline Air Force claims program policies (W)

In regards to Air Force claims prgrm policies, discuss the following

Adjudication

A

Settle anti-government claims as quickly and fairly as possible

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34
Q

Outline Air Force claims program policies (W)

In regards to Air Force claims prgrm policies, discuss the following

Payment

A

All meritorious claims should be paid in an amount that would return the claimant to the same position before the accident or incident occurred

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35
Q

Outline Air Force claims program policies (W)

In regards to Air Force claims prgrm policies, discuss the following

Collection

A

The AF will promptly assert claims when a person or entity is liable for loss or damage to the government

If all available collection efforts are made and the liable party is unable or unwilling to pay, refer the claim to JACC

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36
Q

What is a claim?

A

Any signed, written demand made upon or by the AF for payment of a specific sum

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37
Q

Discuss procedures to determine proper claimants under the various claims acts (W)

A

Claimant is owner of property, injured person, executor of estate, insurer, or others authorized by law

Status: AD, guard, or reserve mil mbr; family mbr; gov employee; contractor; guests on-base; or a civilian off-base

To determine if proper claimant: consider type of claim the mbr is filing and who has jurisdiction over claim

ask for ID first to determine status

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38
Q

Can other federal agencies file a tort claim against another federal agency?

A

No

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39
Q

Describe how claims jurisdiction is determined within TJAGC (W)

A

Did claim occur CONUS or OCONUS?

Did claim occur in countries assign to the Dept of the Army or the Navy? (we still help with those investigations if requested when involving personnel or property owned by or under AF control)

If the claim does belong to the AF, determine which base office is responsible for adjudicating the claim (use jurisdiction map on FLITE KM)

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40
Q

Who sets jurisdiction for stateside locations?

A

JACC

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41
Q

When must a claim be sent to JACC and within what time frame?

A

The following must be sent to JACC within 72 hours of receipt

Claims above base SJAs settlement authority ($25k)

Personal injury or medical malpractice

Civil Air Patrol claims or claims involving navigable waterways

If claimant is any of the following: Wg/CC, Wg/CV, JA personnel and their family members

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42
Q

What does tort law seek to accomplish? (p 17)

A

Compensate injured parties w/ $ to make them whole when they suffer a loss at the hands of another

To deter wrongful conduct by making tortfeasors financially responsible for the loss(es) they cause

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43
Q

What is the most common type of tort?

A

One that alleges negligence (pg 17)

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44
Q

What questions can we ask when guiding the factual and legal research into the claim?

A

What legal duty was owed to the claimant by the AF

Did the AF breach that duty

Did that breach cause harm or damages to the claimant?

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45
Q
  • Match the definition to the appropriate tort law terminology (W)*
  • Appropriated funds*
A

Money allotted by Congress for a specific purpose

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46
Q

Match the definition to the appropriate tort law terminology (W)

Combat activities

A

Damages resulting from an action by the enemy or by the US armed forces engaged in, or in immediate prep for impending armed conflict

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47
Q

Match the definition to the appropriate tort law terminology (W)

Comparative negligence

A

A rule applied by some states, which measures negligence in terms of percentage of liability, and limits each party’s recovery to the percentage caused by the other party (very few states use this)

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48
Q

Match the definition to the appropriate tort law terminology (W)

Compromise

A

An agreed settlement to a claim based upon facts, the law, and the application of the law to those facts

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49
Q

Match the definition to the appropriate tort law terminology (W)

Contributory negligence

A

When a party presenting a claim contributed to the cause of the accident (negligence), some states prohibit parties from recovering an amount, regardless of their degree of negligence

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50
Q

Match the definition to the appropriate tort law terminology (W)

Coutnerclaim

A

When a claim presented against a party, who has already presented a claim

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51
Q

Match the definition to the appropriate tort law terminology (W)

Debtor

A

An individual, partnership, association, corporation, or gov body against whom the US has a claim

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52
Q

Match the definition to the appropriate tort law terminology (W)

Incident to service

A

denotes losses caused during a GOV shipment of HHG and/or vehicle, losses at quarters, or losses at other authorized places. Losses must be incident to service for it to be payable under MPCECA. However, under both FTCA and MCA it applies differently. If the member is injured or dies incident to service, claims cannot be made under FTCA or MCA

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53
Q

Match the definition to the appropriate tort law terminology (W)

Law of the situs

A

The law of the area/ jurisdiction where the claim arises

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54
Q

Match the definition to the appropriate tort law terminology (W)

Litigation

A

A contest in a court of justice to enforce a right or seek a remedy

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55
Q

Match the definition to the appropriate tort law terminology (W)

Negligence

A

Failure to act as a reasonably prudent person would if under the same or similar circumstances

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56
Q

Match the definition to the appropriate tort law terminology (W)

Nonappropriated fund (NAF) activity

A

Activities that appropriated funds do not support.

Bowling alley, recreation center, officer and enlisted clubs.

Claims against NAF activities will not be paid from appropriated funds but rather from the funds of that particular activity or insurer

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57
Q

Match the definition to the appropriate tort law terminology (W)

Non-combat Activity

A

Activity other than combat, war, or armed conflict that is particularly military in nature, has little parallel in civilian pursuits and has been historically considered as furnishing the proper basis for a claim

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58
Q

Match the definition to the appropriate tort law terminology (W)

Personal injury

A

Applies to both bodily injury and death

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59
Q

Match the definition to the appropriate tort law terminology (W)

Property damage

A

Damage to, loss of, or destruction of real or personal property

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60
Q

Match the definition to the appropriate tort law terminology (W)

Property of the US

A

Any property of, or in the service of, the U.S.

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61
Q

Match the definition to the appropriate tort law terminology (W)

Proximate cause

A

The dominant or primary cause of an injury or loss

62
Q

Match the definition to the appropriate tort law terminology (W)

Scope of employment

A

An AF mil mbr or civ employee acts when expressly directed, implied, or authorized by a competent authority. In line of Duty

63
Q

Match the definition to the appropriate tort law terminology (W)

Settlement Agreement

A

Doc stating the amount to be paid out on a claim is accepted as full and final settlement of that claim and releases the party involved from further liability

64
Q

Match the definition to the appropriate tort law terminology (W)

Suit

A

An action brought against or on behalf of the US through the civilian court system in an attempt to remedy a claim

65
Q

Match the definition to the appropriate tort law terminology (W)

Third party

A

Includes all persons who are not parties to the contract, agreement, or instrument of writing by which their interest in the thing conveyed is sought to be affected

66
Q

Match the definition to the appropriate tort law terminology (W)

Tort

A

A civil wrong in which one party causes personal injury or property damage to another and may be liable in damages
Some elements:

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 dmg

That breach or violation of duty caused prop dmg, personal injury or death

67
Q

Match the definition to the appropriate tort law terminology (W)

Tortfeasor

A

One who commits or is guilty of a tort

68
Q

Describe claims jurisdiction as it relates to the Federal Tort Claims Act (W)

A

FTCA covers damage to or loss of property or personal injury or death resulting from the negligent or wrongful act(s) or omission(s) of AF military or civilian personnel while acting within the scope of their employment.

Claims under FTCA apply to accidents and/or incidents arising within the US and its territories.

69
Q

What does FTCA NOT apply to?

A

Overseas claims or non-combat activities

70
Q

What must happen when a military mbr or civ government employee make claims under FTCA?

A

Military member claim: claims personnel must make an incident to service determination

Civilian Government employee: those injured during their gov employment are not proper claimants under FTCA and would file under Federal Employees’ Compensation Act (FECA)

71
Q

What must be determined when investigating a claim?

A

Proximate cause of incident

If the mbr was acting within the scope of their employment

proximate cause of the damages

72
Q

Discuss procedures to determine proper claimants under the Federal Tort Claims Act (FTCA)

A

Persons (typically civilians) suffering damage, injury, or death if a private person would be held liable.

Military and fed employees (rare circumstances)

73
Q

What are some of the matters to consider when determining scope of employment?

A

Time, place and purpose of activity

Whether or not that activity furthered the general interest of the AF

Whether or not the AF owned or furnished the property that caused the damage or injury

74
Q

Determine appropriate forms for claims under FTCA (W)

A

SF 95, Claim for Injury, Damage, or Death

If the incident involved a vehicle accident, a SF 91, Motor Vehicle Accident (Crash) Report, will be required with the SF 95

75
Q

Explain procedures to properly receipt for an FTCA claim (W)

A

Review claim for completeness. Advise claimant that any deficiencies will delay processing and help them in proper completion of paperwork.

Ensure it has sign, sum certain.

Receipt for claim by annotating the following along the left edge of the form: Date and time claim was received, claims personnel name or initials, and legal office symbol.

Input claim into WebAFCIMS and put the claims number at the bottom center of the document

76
Q

Explain the statute of limitations for claims under FTCA (W)

A

The statute of limitations is 2 years

77
Q

Determine appropriate settlement authorities for FTCA (W)

A

Base SJAs - $25k or less

Forward in WebAFCIMS to JACC w/in 72 hours if claim amount is for more than $25k

78
Q

Can a base SJA delegate complete or partial settlement authority to a subordinate attorney or paralegal?

A

Yes, as long as the claim is arising within the United States

79
Q

What must be done if a claim is denied in whole or in part?

A

Notify the claimant in writing, using registered or certified mail, w/ explanation. Includes:

Full title and legal statue under which the claim was denied

Reason for denial

Closing line must contain “this is the final denial of your (or your client’s) claim. If you (or your client is) dissatisfied with this decision, you (he/she) may file suit in an appropriate US District Court no later than six months after the date of this letter.”

They are not made aware, but they can request reconsideration through the office that initially denied their claim.

80
Q

Describe claims jurisdiction as it relates to the MCA (W)

A

Applies to overseas, any non-combat activity accident or incident, and any tort claim causing damage to mil mbrs personal property while on a mil installation

81
Q

What does MCA apply to?

A

Settling claims against the US for damage to or loss of property, personal injury, or death, resulting from the negligent or wrongful act(s) or omission(s) of AF military or civilian personnel while acting within the scope of their employment, or otherwise incident to AF non-combat activities (NCA)

82
Q

Discuss the rules when processing a claim under MCA

A

Settlement authorities follow the law of the place where the alleged negligent or wrongful act or omissions occurred

settlement authorities use the general principles of American tort law as evidenced by case law and standard legal publications to evaluate the liability of the US

Settlement authorities follow same rules as in the FTCA, with the main exception being the delegation to paralegals being limited in overseas locations

83
Q

What are MCA exceptions?

A

Combat activities of US mil forces; personal injury or death of a mbr of armed forces of the US incident to service; and personal injury or death that results wholly from the claimants negligent or wrongful act(s)

84
Q

Discuss procedures to determine proper claimants under MCA (W)

A

Citizens and/or inhabitants of the US

US military personnel (for property damage)

US fed civ employees (not for personal injury or death)

Foreign mil personnel when the damage or injury occurs in the US (except for personal injury or death incident to service)

State or state agencies and subrogees, to the extent they paid for the claim

85
Q

Determine appropriate forms for claims under MCA (W)

A

SF 95

Sign, sum certain

86
Q

Explain procedures to properly receipt for an MCA claim (W)

A

Review claim for completeness. Advise claimant that any deficiencies will delay processing and help them in proper completion of paperwork.

Ensure it has sign, sum certain.

Receipt for claim by annotating the following along the left edge of the form: Date and time claim was received, claims personnel name or initials, and legal office symbol.

Input claim into WebAFCIMS and put the claims number at the bottom center of the document

87
Q

Explain the statute of limitations for claims under MCA (W)

A

2 years from the date of the incident

88
Q

Recognize examples of non-combat activities under MCA (W)

A

Claimant is not not required to prove negligence on the part of the AF

Firing of heavy guns and missiles from ACFT

Practice bombing

Ops of spacecraft and acft (sonic booms)

89
Q

Explain what is meant by causal connection (W)

A

A link between an action and a result

Can it be linked to the result?

90
Q

What should you do if a claim is denied under MCA?

A

Notify the claimant in writing, using registered or certified mail, w/ explanation. Includes:

Full title and legal statue under which the claim was denied

Reason for denial

Closing line must contain “this is the final denial of your administrative claim. However, if you desire, you may appeal this decision. No particular form is necessary, but the appeal should be in writing, describe the reasons for appeal, provide any additional evidence to substantiate the claim, and arrive at this office within 60 days of the date of this letter.”

Appeal is submitted to the original settlement authority for action.

91
Q

If an appeal is submitted under MCA and the original settlement authority cannot reach a final settlement, who does the claim file go to?

A

JACC

92
Q

Can the AF be sued under MCA?

A

No, it is not a federal act and is considered “an act of grace”

93
Q

Identify when an advance payment is warranted under MCA (W)

A

The claimant MUST request it

Claim must fall under MCA, National Guard Claims Act, or Foreign Claims Act

Must show their circumstances demonstrate immediate hardship

94
Q

What must a claimant sign for an advance payment?

A

Acceptance agreement that indicates the money would be recouped if no claim is filed within the required statutory period or if their claim is later denied

95
Q

State the maximum allowable amount of an advance payment under MCA (W)

A

AF component command - DJAG: $25k

TJAG: $100k

96
Q

Who must be contacted and give authority to give an advance payment under MCA?

A

JACC (JACE for environmental claims)

97
Q

Determine appropriate settlement authorities MCA (W)

A

Base SJA, component command SJAs, JACE, DJAG, JAC, JACC: $25k or less

TJAG: $100k

SJAs cannot delegate to Paralegals

98
Q

State the limits and to whom appeals under MCA are submitted (W)

A

Appeals under MCA are submitted to the original settlement authority within 60 days

99
Q

Recall the difference between FTCA and MCA flow chart

A
100
Q

Explain pro-government claims under the Federal Claims Collection Act (W)

A

Applies when an accident or incident damages or destroys government property.

It is a tort claim in favor of the US

101
Q

Cite examples of documents that indicate potential pro-government claims (W)

A

Blotter, base or city newspaper, base agencies, commander or first sergeants, LRS (motorpool), CES service desk calls

102
Q

What is the Base SJAs settlement authority with G-claims?

A

$25k

But, an SJA can collect money in any amount, as long as it can be collected in full.

If the claim exceeds the SJAs settlement authority and cannot be collected in full, the claim must be forwarded to JACC with a recommendation on disposition

103
Q

If at any point, damage or loss over $10,000 occurs, who must be informed?

A

JACC

104
Q

When should a g-claim be asserted?

A

Damage or loss caused by negligence and the claim is for $100+, or if less than $100 and can be collected easily

Based upon product liability, only w/ JACC approval

Based upon a contract and the contracting officer does not intend to assert a claim under the contract

If an accident involves both a G-claim and a Medical Cost Reimbursement Program (MCRP) claim, investigate together but process separately

105
Q

When do you not assert a pro-government claim?

A

Reimbursement against mil or civ employee for a claim paid by the US due to that employees negligence

Loss or dmg to NAF prop assertable under other provisions

Dmg caused by a gov employee who was held accountable for lost, damaged, or destroyed property under the Report of Survey (FLI) program

The collection of monies from a foreign gov or any of its political subdivisions w/o JACC approval

106
Q

Can an accident report be used in a G-claim

A

YES

107
Q

Explain the purpose and content of a demand letter for pro-gov claims (W)

A

A demand letter is notification of a tortfeasor for the US government to collect money as a result of an accident or incident causing damage or loss of government property

AF memorandum subject titled “Notice of Claim”. Includes cause of accident or incident, the right of the US to recover amount demanded, documentation justifying the dollar amount of claim, and instructions for payment.

Sent via certified mail, return receipt requested, enclosed with an original and a copy of the demand letter

108
Q

What do you do if the tortfeasor does not reply within 30 days of the initial demand letter?

A

A 60-day process letter is sent.

The claim is forwarded to JACC within three duty days of sending the 60-day letter.

109
Q

What happens if the tortfeasor in a g-claims case does not reply to the 60-day letter?

A

JACC will enter the claim into a treasury database which converts the claim into debt.

This allows the Treasury to offset any payments the US gov may owe the tortfeasor to satisfy the G-claim

110
Q

If tortfeasor sends funs, how are deposits made?

A

AF family housing claims = DoD Military Family Housing Management

Other real property = funds sent to appropriate funds account of the org responsible for the repair, mx, or replacement of the real prop

NAFI Property = forwarded to appropriate NAFI

Other = send to US Treasury Miscellaneous Receipts Account

111
Q

Discuss the process for G-claims

A
112
Q

Describe claims payable under the Military Personnel and Civilian Employees Claims Act

A

Majority of claims filed under this are HHG.

Other types of claims that fall under MPCECA are

loss or damage of HHG due to PCS,

loss or damage of vehicles during shipment

Natural disasters (fire, flood, hurricane)

Certain thefts and vandalism

Other occurrences that happened at gov assigned quarters or other authorized places

113
Q

How are MPCECA claims processed?

A

Through the Claims Service Center (CSC) public website.

claims offices will assist claimants with obtaining a username and password from the website,

114
Q

What’s the CSC website?

A

https://claims.jag.af.mil

115
Q

How do you get the CSC business card?

A

FLITE → Knowledge Management → FLITE KM → Civil Law → Claims → Claims Service Center -CSC Business Card

116
Q

Discuss procedures to determine proper claimants under MPCECA (W)

A

A connection between a member’s service or employment and the cause of the loss or damage must be established.

An AF mbr, civilian employee, AFROTC cadets, Retired or separated member, AFRES and ANG (on orders) authorized agent, legal representatives and living relatives of a deceased member can file the claim.

117
Q

Restate the procedures and timelines for submission of the Notice of Loss and/or Damage to personal property under MPCECA (W)

A

Deadlines to file notice:

For shipments picked up prior to 15 May 20, claimants have 75 days after date of delivery

For shipments picked up after 15 May 20, claimants have 9 months after date of delivery

Deadlines to file claim:

9 months for full replacement value

2 years, statute of limitations and can seek for depreciated values

118
Q

Determine appropriate forms for claims under MPCECA (W)

A

1850 for loss or damage at delivery

1851 after delivery

1840 for loss or damage at delivery

1840R after delivery

119
Q

Explain procedures to properly receipt for an MPCECA claim (W)

A

Review claim for completeness. Advise claimant that any deficiencies will delay processing and help them in proper completion of paperwork.

Ensure it has sign, sum certain.

Receipt for claim by annotating the following along the left edge of the form: Date and time claim was received, claims personnel name or initials, and legal office symbol.

Input claim into WebAFCIMS and put the claims number at the bottom center of the document

120
Q

Where should the “Notice After Delivery” form be submitted?

A

online via Defense Personal Property System (DPS)

www.move.mil

121
Q

What should be annotated after the last item on the Form 1851 or 1840R?

A

“Last Item” following the last claimed item

122
Q

Should the claimant be as detailed as possible when submitting the Notice of Loss or Damage forms?

A

Yes. They should be as detailed as possible when describing the items. Include things like the inventory number and type of damage or loss

123
Q

What needs to be included when submitting a hard copy of the Notice of Loss or Damage form?

A

“Please provide all correspondence to the AFCSC, 1940 Allbrook Avenue, Suite 500, Wright-Patterson AFB OH 45433.”

This ensures any carrier documents are sent to the CSC

124
Q

Do claimants have to file the notice with their TSP before the claim?

A

Yes! It’s a two-step process.

File notice then claim

125
Q

Where are claims for disaster, food spoilage, theft, vandalism, etc filed through?

A

The CSC website

Use DD Form 1842, Claim for Loss or Damage to Personal Property Incident to Service and Form 1844, List of Property and Claims Analysis Chart to file the claim if they prefer hard copy

These must still be receipted for, submitted to WebAFCIMS and have the claim number written at the bottom center

126
Q

Describe situations that would warrant emergency partial payments under MPCECA (W)

A

Claimants immediate need for a vehicle, food, etc

Claims office must determine whether a hardship situation exists based on the claim forms, supporting documentation, and any inspection.

127
Q

Who must the SJA contact for permission to issue an emergency partial payment under MPCECA?

A

CSC

128
Q

Explain documentation requirements for emergency partial payments under MPCECA (W)

A

Claimants will be required to complete a DD Form 1842, DD Form 1844 and sign an acceptance agreement.

129
Q

Determine the maximum emergency partial payment that may be made under MPCECA (W)

A

Can be multiple payments

Maximum total is $2,000

130
Q

Identify the purpose and functions of the Air Force Claims Service Center’s website (W)

A

CSC website will walk claimants step-by-step through submitting their claim

Provides claimants w/ info on claims from start to finish

Provides the CSC AO handbook - assists base legal offices

131
Q

List items contained in a claims kit (W)

A

Laptop w/ charger and backup batt

Portable printer w/ extra toner

Electronic copies of:

AFI 51-306, CSC master checklist, Templates for emergency partial payments and advance payments, DD Form 1842 and DD Form 1844, SF 95, SF 1034 (Public voucher for Purchases and Services Other than Personal), Settlement agreement templates, Claimant sign-in log

Local maps

Digital camera(s) and/or video camera(s) w/ backup batt

Basic office supplies

Contact information for key base officials, offices, MAJCOM, JACC, JACE, and the CSC

132
Q

State important facts about conducting a claims inspection (W)

A

Conduct as soon as possible following incident

For MPCECA claims, inform claimant to maintain items in their damaged condition until after their claim is finalized

Take photographs - for HHG claims the inventory number and name of the item are listed on the photograph, along with exact location of damage. Take overall picture and closeup of damage.

Take notes - Where the accident or incident occurred, personnel on the scene, overheard comments (positive and negative), and anything that seems unusual or stands out. Note any pre-exisiting damage or wear.

133
Q

When is a claims inspection report used?

A

When the inspection is being conducted for the CSC

Tort claims inspecting damage

134
Q

What can be considered the most crucial part of an investigation?

A

The witness interview

Gather info through an open discussion

Obtain statements from as many witnesses as possible

Negative witness statements could aid in settling a claim more than a positive one

135
Q

State general facts about preparing a witness interview memorandum (W)

A

Prepared in official memorandum format

Attorney-paralegal work product statement annotated in the footer and every subsequent page. Statement on pg 64 in SG

Include the following information: Witness’ full name, telephone number, employment info, PCS or TDY info, information gathered during interview, witness’ demeanor.

Once completed, it is signed by the claims member who drafted the memo

136
Q

Name mil and civ agencies from which legal activities might request reports (W)

A

SFS, CES, LRS, MDG, Weather, PA, Local police, Insurance Agency, Fire department

137
Q

State simple facts about fraudulent claims (W)

A

Default position of the AF is to assume claimants are honest

If a claims personnel suspects fraud, they immediately inform the SJA who will refer the matter to the appropriate law enforcement authority, if necessary

If a claimant has been found to commit fraud, the settlement authority takes appropriate action under the circumstances

For claims under the Federal Claims Act, settlement authorities may not compromise in cases of fraud, misrepresentation, or violation of antitrust laws. The Dept of Justice is the only entity to make a compromise on such claims

138
Q

Identify situations in which potential claims files are created (W)

A

Created in anticipation of a claim

Needed to preserve evidence, maintain claimant information, and maintain continuity

These are created whenever an investigation is conducted to determine the amount of damages potential claimants may have incurred during a major accident, natural disaster, or military activity.

5 or more claim arise from single incident = master claim file

139
Q

Describe documentation contained within a tort claim case file (W)

A

Label w/ claimant info (LAST, FIRST, M.I.) claim number (MAFB XX-1234), and type of claim (FTCA/MCA). Privacy act label is on front and back of folder.

Left side of folder:

WebAFCIMS report and Claims checklist

Right side of folder:

Three tabs; A, B, C

A: Privileged materials; includes documents considered attorney work-product (legal memoranda, witness interview statements, photos, legal research, correspondence between legal offices, etc)

B: Non-privileged materials; info gathered during investigation that is factual. (accident reports, investigative records, SF 91, contracts, applicable regulations or directives, etc.)

C: Claimant submissions; submitted claim forms, repair estimates, medical records, and any other docs provided by claimant

140
Q

List the documents required to properly settle tort claims (W)

A

Settlement offer - prepared by settlement authority and shows legal office review and offer for settlement to claimant

Settlement Agreement - attached to offer, and must be signed before payment. Includes claim number, brief description of facts, and settled dollar amount. Two copies must be signed with wet signature. Claimant must also fill out Electronic Funds Transfer form.

Denial letter - done if claimant is unwilling to accept the offer or the claim is not a payable claim. Claimant is informed of the statute under which their claim was reviewed and the rationale for the denial. If done under FTCA or MCA, claimant is informed of their right to sue or appeal, respectively.

141
Q

State the claims for which the SF 1034, Public Voucher for Purchases and Services Other Than Personal, is used (W)

A

Payment f/ FTCA claims less than $2.5k prepare SF 1034.

Claims less than 2.5k are paid out of AF funds and are forwarded to the CSC for payment. Attach two copies of settlement agreement and SF95 to the SF 1034, scan and email to CSC

FTCA claims $2.5k+

prepare FMS 194, 196, and 197

payment through Dept of Treasury, Judgement Fund Internet Claims System (JFCIS)

MCA claims are always paid using SF 1034

Less than $100k is paid out of AF Funds and forwarded to CSC for payment

More than $100k still sent to CSC - CSC pays up to $100k and then any amount over the $100k is submitted through JFCIS.

Attach two copies of settlement agreement and SF 95 to SF 1034, scan, and email to CSC.

142
Q

State the claims functions for which the DD Form 1131, Cash Collection Voucher is used (W)

A

All monies collected are deposited at local Accounting and Finance Office using DD 1131

Applies mostly to finalizing G-claims

143
Q

When is termination of the collection appropriate?

A

Gov is unable to collect after exhausting all methods

Gov is unable to locate torfeasor

Collection costs exceed recovery costs

Claim is w/o legal merit

Evidence does not substantiate claim

144
Q

State required notifications to other agencies (W)

A

Certain claims to be sent to JACC w/in 72 hours, must include transfer letter (emailed and mailed to JACC)

CSC - must be contacted regarding any emergency or unusual occurrence that results in a tort claim w/in 24 hours of learning of incident. Local finance office will be contacted as well

For any pro-gov claim (g-claim) that exceeds $10,000 in damage or loss, JACC must be contacted to report incident

If claim is received by an office that is outside their jurisdiction - receipt for it, open in WebAFCIMS, find correct office or agency and transfer in WebAFCIMS and mail to appropriate office

145
Q

Outline the process to finalize claims for payment or deposit (W)

A

Ensure claims checklist is c/w

Review, update and close claim in WebAFCIMS

print confirmation page that shows closed claim and include in case file

Scan entire case file, and store hard and electronic copy IAW local policy

146
Q

Restate basic facts about Article 139, UCMJ, claims (W)

A

Only admin means to force an AF mbr to pay for dmg or loss to non-federal prop caused by willfull or wrongful acts of a mil mbr.

Process:

Receive complaint (oral or written) within 90 days of incident (can be accepted if CC finds good cause for delay)

Forwarded to mbrs CC. If that CC has SPCMCA desig, they will retain the claim. Otherwise it is sent to SPCMCA in mbrs CoC, they are the appointing CC.

Commander will appoint board of officers to investigate. Once proper commander is determined, they review the complaint.

If they decide there’s no foundation to the complaint → SJA does legal review, if SJA concurs → denial of claim

Board of officers ranges from one to three officers, a JA can be on the board. SJA will brief board on art 139 claims.

Preponderance of evidence must support a determination of liability.

Board will notify offender, in writing, of the pending complaint and their rights. Board conducts an investigation into allegations and review evidence

Findings and recommendations are sent to appointing CC. If they recommend holding mbr liable, it requires SJA review. SJA sends report to appointing commander. Appointing commander has final authority.

Funds or recovery are taken from members pay

147
Q

What is the CSC mission?

A

Providing Airmen around the globe with unparalleled personnel claims service: Fast, Friendly, and Fair

148
Q

Identify key phases of a witness interview (W)

A

Introduction

Rapport

Questioning

Summary

Closing

149
Q

What act gives the government to recover money from a person responsible for damaging or destroying gov property through negligent or wrongful act(s) or omission(s)?

A

The Federal Claims Collection Act

150
Q

What is a Summary Adjudication Memorandum?

A

Used for claims totally $25k or less and is encouraged in cases where liability may not be readily obvious from facts or law

Details claimant info

Amount of claim

Allegation(s)

Facts determined by investigation

Relevant controlling legal authority

Settlement recommendation

151
Q

What are some of the Chapters of the CSC Handbook?

A

Chapter 4, Claims Tools for the Field

Chapter 5, Installation Responsibilities

Chapter 6, How to Handle Claimants

Chapter 7, Disaster Prep and Handling

152
Q

How long does the government have to file a g-claim?

A

3 years

PAC 2022-02 (10 decks)

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