(a) For purposes of this part, a claim shall be deemed to have been presented when the U.S. Postal Service receives from a claimant, his duly authorized agent or legal representative, an executed Standard Form 95, Claim for Damage or Injury, 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. A standard Form 95 may be obtained from the local District Tort Claims Coordinator, the National Tort Center, or online at usa.gov (select Government forms).
(b) A claim presented in compliance with paragraph (a) of this section may be amended by the claimant at any time prior to:
(1) The claimant's exercise of the option to file a civil action pursuant to 28 U.S.C. 2675(a);
(2) The Postal Service's issuance of a payment in the full amount of the claim; or
(3) The Postal Service's issuance of a written denial of the claim in accordance with § 912.9.
(c) Amendments shall be submitted in writing and signed by the claimant or his duly authorized agent or legal representative. Upon the timely filing of an amendment to a pending claim, the Postal Service shall have six months in which to make final disposition of the claim as amended, and the claimant's option under 28 U.S.C. 2675(a) shall not accrue until six months after the filing of an amendment.
[36 FR 12448, June 30, 1971, as amended at 45 FR 43720, June 30, 1980; 69 FR 52607, Aug. 27, 2004; 73 FR 75339, Dec. 11, 2008]
Notes of Decisions
Cited in
69
cases (
30 in the last 5 years), 1972–2025 · leading case:
Collins v. United States, 996 F.3d 102 (2d Cir. 2021).
Collins v. United States, 996 F.3d 102 (2d Cir. 2021).
· cites it 4× “See 39 C.F.R. § 912.5 . In response to inquiries on the form, counsel stated, as relevant here, that the “Date” and “Time” of the injury at issue were “10/25/17” at “5:04 a.”
Christine Roth Melo v. United States, 505 F.2d 1026 (8th Cir. 1974).
· cites it 8× “2(a), a part of the regulations governing administrative claims under the Federal Torts Act, is substantially the same as 39 C.F.R. 912.5, relating to claims against the post office department.”
Broussard v. United States, 52 F.4th 227 (5th Cir. 2022).
· cites it 5× “at 104–05; see also 39 C.F.R. § 912.5 (requiring a “sum certain”).”
Evelyn Mae Kokotis v. United States Postal Serv., 223 F.3d 275 (4th Cir. 2000).
· cites it 3× “2 (a) (1999) (emphasis added); see also 39 C.F.R. § 912.5 (a) (1999). Requesting a sum certain is a necessary element of any FTCA administrative claim.”
Martinez v. United States Post Off., 875 F. Supp. 1067 (D.N.J. 1995).
· cites it 3× “39 C.F.R. § 912.5 . Section 912.9 of the Postal Service regulations defines a final denial of a claim.”
Jost v. U.S. Postal Serv., 412 F. App'x 957 (9th Cir. 2011).
“§§ 2401 (b), 2675(a); 39 C.F.R. § 912.5 . The district court acted within its discretion by dismissing Jost’s complaint without leave to amend.”
Kieffer v. Vilk, 8 F. Supp. 2d 387 (D.N.J. 1998).
· cites it 6× “, 39 C.F.R. § 912.5 . B. The State Action On 3 April 1997, Marian Kieffer filed a complaint (the “State Complaint”) against the Defendants in the Superior Court of the State of New Jersey, Monmouth County (the “Superior Court”).”
Bryan v. Stevens, 169 F. Supp. 2d 676 (S.D. Tex. 2001).
· cites it 4× “Postal Service receives from a claimant, his duly authorized agent or legal representative, an executed Standard Form 95, Claim for Damage or Injury, or other written notification of an incident, accompanied by a claim for money damages in a sum certain for injury to or loss of…”
Hilario Molinar v. United States, 515 F.2d 246 (5th Cir. 1975).
“, 39 C.F.R. 912.5 (1974). In view of these deficiencies in Form 95, we are inclined to view the original claim as one for a “sum certain” because of the bills attached to it.”
— 39 C.F.R. § 912.5(b) — 2 cases
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