C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS › Subpart C—Disability Benefit Claims

28 C.F.R. § 32.21

Scope of subpart

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Consistent with § 32.1, this subpart contains provisions applicable to claims made under the Act—

(a) At 34 U.S.C. 10281(b); or

(b) At 34 U.S.C. 10286 or Public Law 107-37, with respect to a public safety officer's disability.

[71 FR 46037, Aug. 10, 2016, as amended at 83 FR 22385, May 15, 2018]
Notes of Decisions
Cited in 8 cases, 1985–2006 · leading case: Groff v. United States, 72 Fed. Cl. 68 (Fed. Cl. 2006).
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Groff v. United States, 72 Fed. Cl. 68 (Fed. Cl. 2006). · cites it 4× “See 28 C.F.R. § 32.21 (b) (2002) (‘Whenever a claimant for any benefit or fee under the Act and this part has submitted no evidence or insufficient evidence of any material issue or fact, the Bureau shall inform the claimant what evidence is necessary for a determination as to…”
Bice v. United States, 61 Fed. Cl. 420 (Fed. Cl. 2004). · cites it 3× “” Moreover, she concluded that the reasonable doubt provision of 28 C.F.R. § 32.21 (b) was not triggered because Mr.”
Tafoya v. United States, 8 Cl. Ct. 256 (Ct. Cl. 1985). · cites it 2× “See 28 C.F.R. § 32.21 (b). Plaintiff takes issue with this finding.”
Maria Demutiis & Nicolas Demutiis v. United States, 291 F.3d 1373 (Fed. Cir. 2002). “28 C.F.R. § 32.21 (b) (2001). It then states that a claimant’s failure to submit such evidence “shall be a basis for determining that the claimant fails to satisfy the conditions required to award a benefit or fee or any part thereof.”
Bice v. United States, 72 Fed. Cl. 432 (Fed. Cl. 2006). “”) (citing 28 C.F.R. §§ 32.21 , 32.2). C. BJA Response to Remand On December 17, 2004, the BJA issued its “Response to Re-determination Remand” from this Court.”
Alma E. Greeley, of the Est. of Lawrence E. Greeley v. United States, 50 F.3d 1009 (Fed. Cir. 1995). “See 28 C.F.R. § 32.21 (b) (“The claimant’s failure to submit evidence on a material issue or fact as requested by the Bureau shall be a basis for determining that the claimant fails to satisfy the conditions required to award a benefit or fee or any part thereof.”
LaBare v. United States, 72 Fed. Cl. 111 (Fed. Cl. 2006). · cites it 2× “According to 28 C.F.R. § 32.21 : (a) A claimant for any benefit or fee under the Act and this part shall submit such evidence of eligibility or other material facts as is specified by this part.”
One Feather v. United States, 61 Fed. Cl. 619 (Fed. Cl. 2004). “See 28 C.F.R. 32.21 (evidence). 3 V. Conclusion For reasons set forth above, the court will not reverse the BJA’s determination that Plaintiff is ineligible for PSOBA benefits.”
— 28 C.F.R. § 32.21(b) — 1 case
Tafoya v. United States, 8 Cl. Ct. 256 (Ct. Cl. 1985). “See 28 C.F.R. § 32.21 (b). Plaintiff takes issue with this finding.”
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