C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 429—ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND RELATED STATUTES › Subpart A—Claims Against the Government Under the Federal Tort Claims Act

20 C.F.R. § 429.102

How do I file a claim under this subpart?

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(a) Filing an initial claim. You must either file your claim on a properly executed Standard Form 95 or you must submit a written notification of the incident accompanied by a claim for the money damages in a sum certain for damage to or loss of property you believe occurred because of the incident. For purposes of this subpart, we consider your claim to be filed on the date we receive it at the address specified in paragraph (c) of this section. If you mistakenly send your claim to another Federal agency, we will not consider it to be filed until the date that we receive it. If you mistakenly file a claim meant for another Federal agency with SSA, we will transfer it to the appropriate Federal agency, if possible. If we are unable to determine the appropriate agency, we will return the claim to you.

(b) Filing an amendment to your claim. You may file an amendment to your properly filed claim at any time before the SSA Claims Officer (as defined in § 429.201(d)(3)) makes a final decision on your claim or before you bring suit under 28 U.S.C. 2675(a). You must submit an amendment in writing and sign it. If you file a timely amendment, SSA has 6 months in which to finally dispose of the amended claim. Your option to file suit does not begin until 6 months after you file the amendment.

(c) Where to obtain claims forms and file claims. You can obtain claims forms by writing to the Office of the General Counsel, Office of General Law, Social Security Administration, Attn: FTCA Claims, 6401 Security Boulevard, Baltimore, MD 21235.

[69 FR 48768, Aug. 11, 2004, as amended at 74 FR 16327, Apr. 10, 2009; 79 FR 7577, Feb. 10, 2014; 88 FR 1330, Jan. 10, 2023]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2008–2024 · leading case: Armstrong v. Astrue, 569 F. Supp. 2d 888 (D. Minnesota 2008).
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Armstrong v. Astrue, 569 F. Supp. 2d 888 (D. Minnesota 2008). “7, citing 20 C.F.R. §§ 429.102 , 429.105, 429.106. Accordingly, to the extent that the Plaintiff is asserting that filing an administrative claim would have been futile, his argument is based on an incorrect premise — namely, that his local SSA office would be responsible for…”
Bierman v. Comm'r of Soc. Sec. Admin. (E.D. Wis. 2019). · cites it 2× “” 20 C.F.R. §429.102 (c). The plaintiff’s pleadings indicate that she has taken multiple steps to remedy her situation.”
Ngambo v. Soc. Sec. Admin. (S.D.N.Y. 2024). · cites it 2× “See 20 C.F.R. § 429.102 (a), (c). Ngambo does not allege anywhere in the Amended Complaint that he presented any claim to the SSA in this manner.”
Lucas v. United States (E.D.N.C. 2020). “§ 902 (a)(5); 20 C.F.R. § 429.102 ; (Dell’Aglio Decl. (DE 20-3) ¶¶ 4–5).”
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