39 C.F.R. § 912.7

Evidence and information to be submitted

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(a) Death. In support of a claim based on death, the claimant may be required to submit the following evidence or information:

(1) An authenticated death certificate or other competent evidence showing cause of death, date of death, and age of the decedent.

(2) Decedent's employment or occupation at time of death, including monthly or yearly salary or earnings, if any, and the duration of his last employment or occupation.

(3) Full names, addresses, birth dates, kinship, and marital status of the decedent's survivors, including identification of those survivors who were dependent for support upon the decedent at the time of his death.

(4) Degree of support afforded by the decedent to each survivor dependent upon him for support at the time of his death.

(5) Decedent's general physical and mental condition before death.

(6) Itemized bills for medical and burial expenses incurred by reason of the incident causing death, or itemized receipts of payment for such expenses.

(7) If damages for pain and suffering prior to death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain, and the decedent's physical condition in the interval between injury and death.

(8) Any other evidence or information which may have a bearing on either the responsibility of the United States for the death or the damages claimed.

(b) Personal injury. In support of a claim for personal injury, including pain and suffering, the claimant may be required to submit the following evidence or information:

(1) A written report by his attending physician or dentist setting forth the nature and extent of the injury, nature and extent of treatment, any degree of temporary or permanent disability, the prognosis, period of hospitalization, and any diminished earning capacity. In addition, the claimant may be required to submit to a physical or mental examination by a physician employed by the agency or another Federal agency. A copy of the report of the examining physician shall be made available to the claimant upon the claimant's written request, provided that he has, upon request, furnished the report referred to in the first sentence of this paragraph and has made, or agrees to make available to the agency or another Federal agency. A copy previously or thereafter made of the physical or mental condition which is the subject matter of his claim.

(2) Itemized bills for medical, dental, and hospital expenses incurred, or itemized the report referred to in the first expenses.

(3) If the prognosis reveals the necessity for future treatment, a statement of expected expenses for such treatment.

(4) If a claim is made for loss of time for employment, a written statement from his employment, whether he is a full- or part-time employee, and wages or salary actually lost.

(5) If a claim is made for loss of income and the claimant is self-employed, documentary evidence showing the amount of earnings actually lost.

(6) Any other evidence or information which may have a bearing on either the responsibility of the United States for the personal injury or the damages claimed.

(c) Property damage. In support of a claim for injury to or loss of property, real or personal, the claimant may be required to submit the following evidence or information:

(1) Proof of ownership.

(2) A detailed statement of the amount claimed with respect to each item of property.

(3) An itemized receipt of payment for necessary repairs or itemized written estimates of the cost of such repairs.

(4) A statement listing date of purchase, purchase price and salvage value, where repair is not economical.

[36 FR 12449, June 30, 1971]
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1975–2023 · 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 5× “He advised that he had already sent USPS some of the requested materials, specifically, the ambulance report, Collins’s full medical records from his October 25–30, 2017 hospitalization, and the $65,015.”
Pagel v. United States, 986 F. Supp. 1315 (N.D. Cal. 1997). · cites it 21× “4 (b) are incorporated in 39 C.F.R. § 912.7 (b) of the Postal Service regulations.”
Rothman v. United States, 434 F. Supp. 13 (C.D. Cal. 1977). · cites it 3× “The regulation which applied in that case, 39 C.F.R. § 912.7 (b), is virtually identical to the regulation applicable to Veterans Administration processing *16 of a claim for personal injuries—38 C.”
Marie C. Romulus & Pierrot Romulus v. United States, 160 F.3d 131 (2d Cir. 1998). “The court agreed with the plaintiffs that they were not required to submit additional documentation to the USPS in accordance with 39 C.F.R. § 912.7 , promulgated pursuant to 28 U.”
Romulus v. United States, 983 F. Supp. 336 (E.D.N.Y 1997). · cites it 2× “[ 39 C.F.R. §§ 912.7 , 912.8] provide that a claimant shall submit substantial evidence to prove the extent of any losses incurred and any injury sustained, so as to provide the Postal Service with sufficient evidence for it to properly evaluate the claim, in order to exhaust…”
Koziol v. United States, 507 F. Supp. 87 (N.D. Ill. 1981). · cites it 2× “4 (b)(1)(5); 39 C.F.R. § 912.7 (b)), because Koziol did not request a “sum certain” in damages his Form 95 was declared deficient by the agency.”
Kornbluth v. Savannah, 398 F. Supp. 1266 (E.D.N.Y 1975). “See 39 C.F.R. § 912.7 (b), which states: “Personal Injury.”
Warren v. United States Dep't of the Interior Bureau of Land Mgmt., 724 F.2d 776 (9th Cir. 1984). “1975) ( 39 C.F.R. § 912.7 (6); Postal regulations analogous to section 14.”
State Farm Mut. Auto. Ins. v. United States, 446 F. Supp. 191 (C.D. Cal. 1978). “Title 39 C.F.R. § 912.7 (b) specifically requires the claimant to submit to the United States Postal Service doctors’ reports and itemized bills in support of his claim.”
Waters v. United States (M.D. Fla. 2023). “1997) (applying the reasoning of Adams to “reject[] the contention that 39 C.F.R. § 912.7 (b) and 912.8 were duly promulgated to clarify or implement the requirements for claim presentation in 28 U.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.