Clayton Avery, Jr. v. United States of Am., Abel Rocha v. United States, 680 F.2d 608 (9th Cir. 1982). · Go Syfert
Clayton Avery, Jr. v. United States of Am., Abel Rocha v. United States, 680 F.2d 608 (9th Cir. 1982). Cases Citing This Book View Copy Cite
109 citation events (45 in the last 25 years) across 25 distinct courts.
Strongest positive: Ristie v. United States (cand, 2025-06-24)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Ristie v. United States
N.D. Cal. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a claim is properly presented to an agency within the meaning of 28 u.s.c. 13 2675(a) when the agency is given sufficient written notice to commence investigation, and the 14 claimant places a value on the claim.
discussed Cited as authority (verbatim quote) Lauria v. United States Department of Homeland Security
D. Alaska · 2021 · quote attribution · 1 verbatim quote · confidence high
we hold that where a claimant gives notice of the manner and general circumstances of injury and the harm suffered . . . he has complied with section 2675(a)
discussed Cited as authority (verbatim quote) Mendenhall v. United States
D. Alaska · 2021 · quote attribution · 1 verbatim quote · confidence high
we hold that where a claimant gives notice of the manner and general circumstances of injury and the harm suffered . . . he has complied with section 2675(a)
discussed Cited as authority (rule) JURGEN ROGERS v. UNITED STATES POSTAL OFFICE, et al. (2×) also: Cited "see"
N.D. Cal. · 2025 · confidence medium
The claim must include a sum certain of 4 damages and provide “sufficient written notice to commence investigation.” See Avery v. United 5 States, 680 F.2d 608, 610 (9th Cir. 1982); see also 28 C.F.R. § 14.2 .
discussed Cited as authority (rule) Dale v. United States
D. Nev. · 2025 · confidence medium
He filed his claim on the government’s Standard Form-95 (SF-95) and 13 listed the claimant as “Carol Ann Scanlon, deceased, through personal representative, Scott 14 Dale.”13 In the “personal injury/wrongful death” section of the form, Dale wrote “Carol Ann 15 Scanlon, death as a result of blunt-force trauma, including pre-death pain and suffering.”14 Dale 16 sought $50 million for the claim and signed the form using his name.15 When the FAA failed to 17 18 7 Brady, 211 F.2d at 502 (9th Cir. 2000) (cleaned up). 8 Id. (quoting Jerves v. United States, 966 F.2d 517, 521 (9th Cir. 1…
discussed Cited as authority (rule) Rogers v. United States Postal Office
N.D. Cal. · 2025 · confidence medium
The claim must 25 include a sum certain of damages and provide “sufficient written notice to commence 26 investigation.” See Avery v. United States, 680 F.2d 608, 610 (9th Cir. 1982); see also 28 C.F.R. § 27 14.2.
discussed Cited as authority (rule) Mattia v. United States
D. Ariz. · 2024 · confidence medium
To administratively exhaust an FTCA 5 claim, a claimant need only provide “the bare elements of notice of accident and injury 6 and a sum certain representing damages.” Avery v. United States, 680 F.2d 608, 610 (9th 7 Cir. 1982); see also Goodman, 298 F.3d at 1055 (claimant must submit only a brief 8 description of “the time, place, cause and general nature of the injury and the amount of 9 compensation demanded”).
cited Cited as authority (rule) Malland v. United States
W.D. Wash. · 2024 · confidence medium
Castro, 2024 WL 2892438 , at *1 (citing Avery v. 7 United States, 680 F.2d 608, 611 (9th Cir. 1982)).
discussed Cited as authority (rule) Estate of Jayson Vinberg v. United States
D. Alaska · 2024 · confidence medium
It described the facts surrounding the shooting as known at the time of its filing: 44 Id. at ¶ 61. 45 Shipek v. United States, 752 F.2d 1352, 1354 (9th Cir. 1985). 46 Id. at 1355 (quoting Warren v. U.S. Dep’t of Interior Bureau of Land Mgmt., 724 F.2d 776 , 780 (9th Cir. 1984) (en banc)) (emphasis in original). 47 Avery v. United States, 680 F.2d 608, 610 (9th Cir. 1982).
discussed Cited as authority (rule) Old Bull v. United States
D. Mont. · 2024 · confidence medium
The exhaustion requirement is satisfied “when the agency is given sufficient written notice to commence investigation, and the claimant places a value on the claim.” Avery v. United States, 680 F.2d 608, 610 (9th Cir. 1982).
discussed Cited as authority (rule) Pugh v. United States
E.D.N.C. · 2023 · confidence medium
Plaintiffs also rely on Avery v. United States, which held that the FTCA’s “legislative history indicates that a skeletal claim form, containing only the bare elements of notice of accident and injury and a sum certain representing damages, suffices to overcome an argument that jurisdiction is lacking.” 680 F.2d 608, 610 (9th Cir. 1982).
discussed Cited as authority (rule) Brendan Kuklok v. U.S. Dept. of Veterans Affairs
9th Cir. · 2022 · confidence medium
See 28 U.S.C. § 2675 (a) (setting forth FTCA’s administrative exhaustion 2 21-15105 requirement); Avery v. United States, 680 F.2d 608, 611 (9th Cir. 1982) (§ 2675(a) requires “notice of the manner and general circumstances of injury and the harm suffered”).
cited Cited as authority (rule) Roseboom v. United States
D. Del. · 2021 · confidence medium
Avery v. United States, 680 F.2d 608, 611 (9th Cir. 1982).
discussed Cited as authority (rule) Kuklok v. United States Department of Veterans Affairs
N.D. Cal. · 2020 · confidence medium
Avery v. United States, 9 680 F.2d 608, 611 (9th Cir. 1982). “[W]here a claimant gives notice of the manner and general 10 circumstances of injury and the harm suffered, and a sum certain representing damages, he has 11 complied with [the notice requirements of] section 2675(a).” Id. 12 Kuklok appears to contend that he did include the breach of fiduciary duty claim in his 13 Form 95, pointing to the following statement: “Detrimental intentional passage of private Veterans 14 Administration medical records . . .
discussed Cited as authority (rule) S. H. v. United States
9th Cir. · 2017 · confidence medium
The administrative claim need not be detailed; rather, “a skeletal claim form, containing only the bare elements of notice of accident and injury and a sum certain representing damages, suffices.” Avery v. United States, 680 F.2d 608, 610 (9th Cir. 1982).
discussed Cited as authority (rule) S.H. ex rel. Holt v. United States
9th Cir. · 2017 · confidence medium
The administrative claim need not be detailed; rather, “a skeletal claim form, containing only the bare elements of notice of accident and injury and a sum certain representing damages, suffices.” Avery v. United States, 680 F.2d 608, 610 (9th Cir. 1982).
discussed Cited as authority (rule) Dettling v. United States
D. Haw. · 2013 · confidence medium
See Warren v. U.S. Dep’t of Interior Bureau of Land Mgmt., 724 F.2d 776 , 779-80 (9th Cir.1984) (stating that, in order to satisfy the FTCA exhaustion requirement, a plaintiff must file “a written statement sufficiently describing the injury to enable the agency to begin its own investigation, and ... a sum certain damages claim.”); Avery v. United States, 680 F.2d 608, 610 (9th Cir.1982) (same).
cited Cited as authority (rule) Kinlichee v. United States
D. Ariz. · 2013 · confidence medium
Avery v. United States, 680 F.2d 608, 609-10 (9th Cir.1982).
discussed Cited as authority (rule) Mader v. United States
8th Cir. · 2011 · confidence medium
Section 2675 does not "allow an agency to insist on proof of a claim to its satisfaction before the claimant becomes entitled to a day in court." Avery v. United States, 680 F.2d 608, 611 (9th Cir. 1982).
discussed Cited as authority (rule) Mader v. United States
8th Cir. · 2011 · confidence medium
Section 2675 does not “allow an agency to insist on proof of a claim to its satisfaction before the claimant becomes entitled to a day in court.” Avery v. United States, 680 F.2d 608, 611 (9th Cir. 1982).
discussed Cited as authority (rule) Salt River Pima-Maricopa Indian Community v. United States
D. Ariz. · 2010 · confidence medium
Since the claims presentation requirement is jurisdictional, if it were interpreted to require more than minimal notice, there would be, inevitably, hearings on ancillary matters of fact whenever the agency rejected a claim.” Id. (quoting Avery v. United States, 680 F.2d 608, 611 (9th Cir.1982)).
discussed Cited as authority (rule) Rollin Paul Goodman, in His Individual Capacity v. United States
9th Cir. · 2002 · confidence medium
See Warren v. United States Dep’t. of Interior Bureau of Land Mgmt., 724 F.2d 776 , 779 (9th Cir.1984); Avery v. United States, 680 F.2d 608, 610 (9th Cir.1982) (“[A] skeletal claim form, containing only the bare elements of notice of accident and injury and a sum certain representing damages, suffices to overcome an argument that jurisdiction is lacking.”).
discussed Cited as authority (rule) Booten v. United States
D. Mass. · 2000 · confidence medium
Furthermore, “[s]ection 2675(a) was not intended to allow an agency to insist on *49 proof of a claim to its satisfaction before the claimant becomes entitled to a day in court.” Avery v. United States, 680 F.2d 608, 611 (9th Cir.1982).
discussed Cited as authority (rule) Clarissa Brady,plaintiff-Appellant v. United States (2×) also: Cited "see"
9th Cir. · 2000 · confidence medium
She also suggests that this court has interpreted 28 U.S.C. § 2675 (a) as requiring only “minimal notice” to an agency, citing Avery v. United States, 680 F.2d 608, 611 (9th Cir.1982).
discussed Cited as authority (rule) Pagel v. United States
N.D. Cal. · 1997 · confidence medium
Two years after the Adams decision, the Ninth Circuit Court of Appeals adopted the Fifth Circuit’s approach in Avery v. United States, 680 F.2d 608, 610 (9th Cir.1982). 12 The Avery opinion dealt with two separate suits, one against the Navy and the other against the Air Force, wherein the trial courts held that the plaintiffs failed to provide sufficient information to support then-administrative claims and dismissed the lawsuits.
discussed Cited as authority (rule) Hilburn v. United States
D. Haw. · 1992 · confidence medium
As the court concluded in Warren, “[t]he agency’s actions are persuasive evidence that the jurisdictional requirement of minimal notice was satisfied.” 724 F.2d at 779; see also Johnson, 704 F.2d at 1442 (defining purpose of minimal notice requirement); Avery, 680 F.2d at 610 (listing elements of minimal notice).
discussed Cited as authority (rule) Martinez v. United States (2×) also: Cited "see, e.g."
D.N.J. · 1990 · confidence medium
Avery v. United States, 680 F.2d 608, 611 (9th Cir.1982). 2 .
discussed Cited as authority (rule) Melissa Johnson, an Infant by Barbara Johnson, Her Mother and Natural Guardian and Barbara Johnson, Individually v. United States (2×)
2d Cir. · 1986 · confidence medium
Broudy, supra, 722 F.2d at 568 (citing Avery v. United States, 680 F.2d 608, 610 (9th Cir.1982)).
discussed Cited as authority (rule) Robert F. Burns v. United States (2×)
9th Cir. · 1985 · confidence medium
Mann v. United States, 399 F.2d 672, 673 (9th Cir.1968); Avery v. United States, 680 F.2d 608, 610 (9th Cir. 1982).
cited Cited as authority (rule) Florence Shipek v. United States
9th Cir. · 1985 · confidence medium
Warren v. United States Department of Interior Bureau of Land Management, 724 F.2d 776, 779 (9th Cir.1984); Avery v. United States, 680 F.2d 608, 610 (9th Cir.1982).
discussed Cited as authority (rule) GAF Corp. v. United States (2×) also: Cited "see"
D.D.C. · 1984 · confidence medium
See, e.g., Bush, 703 F.2d at 493 (one claimant alleging medical malpractice during surgery leading to husband’s death); Avery, 680 F.2d at 609-10 (deciding two cases, each with one claimant alleging injury in a fall); Tucker, 676 F.2d at 955 (one claimant alleging personal injury in motor vehicle accident); Douglas, 658 F.2d at 446 (one claimant alleging injury to ankle when plank collapsed).
discussed Cited as authority (rule) Rafael Martinez v. United States
5th Cir. · 1984 · confidence medium
Although the government urges technical deficiencies (such as its emphasis that the attorney’s letter did not include all the details required of a Form 95 provided for presentation of such claims), the written presentation of Martinez’s claim through his attorney’s letter, Crow v. United States, 631 F.2d 28, 30 (5th Cir.1980), which gave notice of the skeletal facts of the claim sufficient to enable the agency to investigate, Adams v. United States, 615 F.2d 284, 289 , reh. denied, 622 F.2d 197 (5th Cir.1980), Avery v. United States, 680 F.2d 608, 610-11 (9th Cir.1982), was undoubtedly …
discussed Cited as authority (rule) Surratt v. United States
N.D. Ill. · 1984 · confidence medium
See Warren v. Department of Interior, 724 F.2d 776 (9th Cir.1984) (en banc); Avery v. United States, 680 F.2d 608, 610-11 (9th Cir.1982); Tucker v. United States Postal Service, 676 F.2d 954, 957-60 (3d Cir.1982); Blue v. United States, 567 F.Supp. 394, 396-97 (D.Conn.1983); Reynoso v. United States, 537 F.Supp. 978, 979-80 (N.D.Cal.1982); Speer v. United States, 512 F.Supp. 670, 674 (N.D.Tex.1981); Hoaglan v. United States, 510 F.Supp. 1058, 1060-61 (N.D.Iowa 1981).
cited Cited as authority (rule) James Warren v. United States Department Of The Interior Bureau Of Land Management
9th Cir. · 1984 · confidence medium
E.g., Avery v. United States, 680 F.2d 608, 611 (9th Cir.1982) (claims presentation requirement is jurisdictional). 8 Federal agencies are authorized by Congress to settle claims.
cited Cited as authority (rule) Warren v. United States Department of the Interior Bureau of Land Management
9th Cir. · 1984 · confidence medium
E.g., Avery v. United States, 680 F.2d 608, 611 (9th Cir.1982) (claims presentation requirement is jurisdictional).
discussed Cited as authority (rule) Alice P. Broudy v. The United States of America
9th Cir. · 1983 · confidence medium
In Avery v. United States, 680 F.2d 608, 611 (9th Cir.1982), we noted that section 2675(a) was not intended to allow an agency to insist on proof of a claim to its satisfaction before the claimant becomes entitled to a day in court.
discussed Cited as authority (rule) Graves v. United States Coast Guard
9th Cir. · 1982 · confidence medium
We therefore reject the argument that a claimant must comply with the regulations in section 14.4 to meet the jurisdictional requirement of “presenting a claim.” Avery v. United States, 680 F.2d 608, 611 (9th Cir. 1982).
discussed Cited as authority (rule) Graves v. United States Coast Guard
9th Cir. · 1982 · confidence medium
We therefore reject the argument that a claimant must comply with the regulations in section 14.4 to meet the jurisdictional requirement of "presenting a claim." 11 Avery v. United States, 680 F.2d 608, 611 (9th Cir. 1982). 12 The district court granted summary judgment for the government on two additional theories of liability, one alleging negligence in the operation of Parker Dam and one alleging the duty to warn the public of the fluctuations in water level occasioned by that operation.
discussed Cited "see" Waters v. United States (2×) also: Cited "see, e.g."
M.D. Fla. · 2023 · signal: accord · confidence high
Moreover, as the Adams court held, “[a]n agency’s demand for anything more than a written and signed statement setting out the manner in which the injury was received, enough details to enable the agency to begin its own investigation and a claim for money damages is unwarranted and unauthorized” as part of the jurisdictional scheme.7 615 F.2d at 292 ; accord Avery, 680 F.2d at 610–11 (adopting the holding of Adams as “the proper one,” and reasoning that “Section 2675(a) was not intended to allow an agency to 6 The Court notes that although decisions of other district courts are …
discussed Cited "see" Collins v. United States
2d Cir. · 2021 · signal: see · confidence high
See Avery v. United States, 680 F.2d 608, 611 (9th Cir. 1982) (Kennedy, J.) (stating that FTCA regulations “were promulgated pursuant to section 2672 of the Act dealing with the agencies’ settlement authority, and do not interpret the claims section, section 2675(a)”); Adams v. United States, 615 F.2d 284, 288 (5th Cir. 1980) (identifying error in assumption that “notice requirements of 28 U.S.C. § 2675 must be read in light of the settlement procedures established 15 Indeed, just as Form 95 is not the only way to present a claim, this court has ruled that “the mere act of filing a …
cited Cited "see" Gollehon Farming v. United States
D. Mont. · 1998 · signal: see · confidence high
See, Avery v. United States, 680 F.2d 608, 610 (9th Cir.1982).
cited Cited "see" Timberline Northwest, Inc. v. Hill
9th Cir. · 1998 · signal: see · confidence high
See Avery v. United States, 680 F.2d 608, 610 (9th Cir.1982)
cited Cited "see" Lewis v. Duckworth
N.D. Ind. · 1987 · signal: see · confidence high
See Lewis v. Duckworth, 680 F.2d 608 (7th Cir.1982).
discussed Cited "see, e.g." William Martz v. Andrew Horazdovsky
9th Cir. · 2022 · signal: see also · confidence low
And in construing the word “claim” in other statutes, we have recognized that it “contemplates, in general usage, a demand for payment or relief, and, unless it is a claim for something, is no claim at all.” Avril v. United States, 461 F.2d 1090, 1091 (9th Cir. 1972); see also Avery v. United States, 680 F.2d 608 , 609–11 (9th Cir. 1982).
Retrieving the full opinion text from the archive…
Clayton AVERY, Jr., Plaintiff-Appellant,
v.
UNITED STATES of America, Defendant-Appellee; Abel ROCHA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee
81-3119, 81-4073.
Court of Appeals for the Ninth Circuit.
Jun 29, 1982.
680 F.2d 608
1982 U.S. App. LEXIS 17878
Paul O’Neil, Schroeter, Goldmark & Bender, P. S., Seattle, Wash., for Avery., Dennis R. Lods, Boxer & Elkind, Oakland, Cal., for Rocha., William H. Rubidge, Asst. U.S. Atty., Tacoma, Wash., for U.S.
Farris, Kennedy, Norris.
Cited by 54 opinions  |  Published
KENNEDY, Circuit Judge:

Suit against the Government under the Federal Tort Claims Act, June 25, 1948, ch. 646, as amended by Pub.L. 89-506, 80 Stat. 306 (1966), codified at 28 U.S.C. §§ 1346(b), 2671-80 (1976), is not permitted unless a claim has first been filed with the agency; suit may begin when the agency denies the claim or has failed to act upon it for six months. 28 U.S.C. § 2675(a). These two cases present the problem of how to implement this statute where the agency takes the position it cannot process a claim because of incomplete information. The Government urges adoption of the rule followed by the district court in both of the two separate cases below. Those courts held that the claimant’s failure to present full or adequate information to the agency in support of his claim was ground for dismissing his subsequent suit for lack of subject-matter jurisdiction. The Government argues that dismissal for lack of jurisdiction is the only available means to implement the congressional intent that administrative consideration of a claim occur before the courts are open to it.

The claimants argue that the rule adopted below, at worst, allows the agency to avoid trial on the merits by a procedural feint, or, at best, causes unnecessary delay in the district court by factual hearings on the threshold question of jurisdiction.

The circuits have no clear consensus on the question. In this court, each party was more effective in stressing the defects of its opponent’s proposed rule than the merits of its own.

We determine that jurisdictional dismissal of FTCA suits brought by plaintiffs who presented only skeletal claims to the agency is not warranted by the statutory language and history.

The facts of the two cases before us can be stated briefly. Avery alleged that he was injured from falling into a pit while working at a naval base. In discussions with counsel for the Navy, Avery’s attorney took the position, puzzling to the Navy, to the district court, and to us, that “uncertainty of plaintiff’s medical condition made it impossible to submit requested medical reports.” The district court, quoting from Rothman v. United States, 434 F.Supp. 13, 17 (C.D.Cal.1977), concluded that Avery’s “neglect or deliberate failure to meet the Navy’s requests [for medical information] prevented administrative adjudication of his claim and was ‘tantamount to the failure to file a proper claim.’ ” The court[*610] ruled that the claimant’s failure to answer all the Government’s questions barred suit, and dismissed for lack of jurisdiction.

Rocha was allegedly injured in a fall at an air force base. He executed a standard claim form. The Government requested certain medical bills and reports which apparently were in the custody of Rocha’s insurance carrier, who did not respond to Rocha’s repeated requests to return copies to him. By the time the insurer provided Rocha with the information, the Government had denied the claim for failure to furnish “required supporting evidence.” The district court held that the failure to provide a fully documented administrative claim was a jurisdictional bar to the suit, citing Rothman, supra; Kornbluth v. Savannah, 398 F.Supp. 1266 (E.D.N.Y.1975); and Cummings v. United States, 449 F.Supp. 40 (D.Mont.1978).

We hold it was error in both cases to dismiss the federal tort claim suits for lack of jurisdiction, and we reverse.

A claim is presented properly to an agency within the meaning of 28 U.S.C. § 2675(a) when the agency is given sufficient written notice to commence investigation, and the claimant places a value on the claim. This is the definition used by the Fifth Circuit in Adams v. United States, 615 F.2d 284 (5th Cir.), on rehearing, 622 F.2d 197 (5th Cir. 1980). The Sixth Circuit has also adopted the Adams formulation, although, perhaps, suggesting a different application of it than that intended by the Fifth Circuit. See Douglas v. United States, 658 F.2d 445 (6th Cir. 1981); see also Erxleben v. United States, 668 F.2d 268 (7th Cir.); Hoaglan v. United States, 510 F.Supp. 1058 (N.D.Ia.1981).

Agreement that “notice” and claim for a “sum certain” is a jurisdictional requirement has not ended the problems in applying section 2675 for it does not answer what notice is sufficient. The Fifth Circuit in Adams held that “minimal notice” was all that was required, as further indicated by the phrase, “notice sufficient to enable the agency to investigate.” Id., 615 F.2d at 289. The Sixth Circuit in Douglas, while purporting to adopt the Adams interpretation of section 2675, suggested that notice required rather full documentation. Douglas, 658 F.2d at 448. The Douglas court sought to harmonize the Adams case and an earlier First Circuit case, Swift v. United States, 614 F.2d 812 (1st Cir. 1980), which had adopted the position relied on by the Government in the cases before us. .With deference, we do not believe that the views of the First and Fifth Circuits are consistent. We decide, for the reasons expressed in this opinion, that the view of the Fifth Circuit is the proper one.

The language of the statute is ambiguous with respect to the kind of claim that must be submitted before suit in district court is authorized. 28 U.S.C. § 2675(a) states:

An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. The failure of an agency to make final disposition of a claim within six months shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section. The provisions of this subsection shall not apply to such claims as may be asserted under the Federal Rules of Civil Procedure by third party complaint, cross-claim, or counterclaim. (Emphasis added)

The statute on its face does not provide a clear answer to the problem before us, but the legislative history indicates that a skeletal claim form, containing only the bare elements of notice of accident and injury and a sum certain representing damages, suffices to overcome an argument that jurisdiction is lacking. The Senate Report on the 1966 amendment which created the present administrative claim requirement[*611] expressed an intent to follow statutory precedents requiring claims against municipalities as a prerequisite to suit against them. Congress understood these statutory precedents as requiring only skeletal notice. See S.Rep.No.1327, 89th Cong. 2d Sess. 3-4; [1966] U.S.Code Cong. & Ad.News 2515, 2517. The District of Columbia code section particularly cited in the legislative history required only “notice” and “a claim for money damages in connection therewith.” S.Rep. at 4; [1966] U.S.C.A.N. at 2517. McQuillin’s Municipal Corporations, the treatise relied on by the congressional draftsmen, states the minimal nature of the notice required by these statutory precedents:

In claims for damages for injury to persons or property the usual requirement is that the notice or statement shall contain a brief general description of the time, place, cause and general nature of the injury, and often the amount of compensation or other relief demanded. (Emphasis added)

17 McQuillin, Municipal Corporations § 4807 (3d ed. 1968) at 89-90.

Section 2675(a) was not intended to allow an agency to insist on proof of a claim to its satisfaction before the claimant becomes entitled to a day in court. To so hold would permit federal defendants to be judge in their own cause by the initial determination of a claim’s insufficiency. The result would not be consistent with the congressional purpose of “providing for more fair and equitable treatment of private individuals and claimants when they deal with the Government.” S.Rep. at 2; [1966] U.S.C.A.N. at 2515-16.

The regulations promulgated under the Federal Tort Claims Act, 28 C.F.R. Part 14 (1980), also suggest that a claim with the bare essentials suffices for the purposes of section 2675(a). 28 C.F.R. § 14.2(a) states, in relevant part:

a claim shall be deemed to have been presented when a Federal agency receives from a claimant, his duly authorized agent or legal representative, an executed standard Form 95 or other written notification of an incident, accompanied by a claim for money damages in a sum certain for injury to or loss of property, personal injury, or death alleged to have occurred by reason of the incident. (Emphasis added)

The Government does not contend that either Avery or Rocha failed to execute standard claim Form 95.

The Government attempts to extend the definition of claim by citing a different portion of the regulations, 28 C.F.R. § 14.4. Those provisions, however, were promulgated pursuant to section 2672 of the Act dealing with the agencies’ settlement authority, and do not interpret the claims section, section 2675(a). We therefore reject the argument that a claimant must comply with the regulations in section 14.4 to meet the jurisdictional requirement of “presenting a claim.”

It would also be an inefficient use of judicial resources to require more than minimal notice to satisfy section 2675(a). Since the claims presentation requirement is jurisdictional, if it were interpreted to require more than minimal notice, there would be, inevitably, hearings on ancillary matters of fact whenever the agency rejected a claim as incomplete. Although the congressional intent is clear, the inefficiency of the Government’s proposed resolution is an additional argument against it.

Thus, we hold that where a claimant gives notice of the manner and general circumstances of injury and the harm suffered, and a sum certain representing damages, he has complied with section 2675(a). Since the courts below did not apply the correct legal standard, and the claim was presented to the appropriate agency as required by statute, we reverse in both cases and remand for further proceedings. The parties will bear their own costs on appeal.

REVERSED and REMANDED.