C.F.R. » Title 39 » CHAPTER I—UNITED STATES POSTAL SERVICE › SUBCHAPTER N—PROCEDURES › PART 912—PROCEDURES TO ADJUDICATE CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THE OPERATION OF THE U.S. POSTAL SERVICE

39 C.F.R. § 912.9

Final denial of claim

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(a) Final denial of an administrative claim shall be in writing and sent to the claimant, his attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with the agency action, he may file suit in an appropriate U.S. District Court not later than 6 months after the date of mailing of the notation.

(b) Prior to the commencement of suit and prior to the expiration of the 6 month period provided in 28 U.S.C. 2401(b), a claimant, his duly authorized agent, or legal representative, may file a written request with the postal official who issued the final denial or with the Chief Counsel, Torts, General Law Service Center, USPS National Tort Center, 1720 Market Street, Room 2400, St. Louis, MO 63155-9948, for a reconsideration of a final denial of a claim under paragraph (a) of this section. Upon the timely filing of a request for reconsideration, the Postal Service shall have 6 months from the date of filing in which to make a disposition of the claim and the claimant's option under 28 U.S.C. 2675(a) shall not accrue until 6 months after the filing of a request for reconsideration. Final Postal Service action on a request for reconsideration shall be effected in accordance with this part.

(c) For purposes of this section, a request for reconsideration of a final denial of a claim shall be deemed to have been filed when received in the office of the official who issued the final denial or in the office of the Chief Counsel, Torts, General Law Service Center, USPS National Tort Center, 1720 Market Street, Room 2400, St. Louis, MO 63155-9948.

(d) Only one request for reconsideration of a final denial may be filed. A claimant shall have no right to file a request for reconsideration of a final denial issued in response to a request for reconsideration.

(28 U.S.C. 2671-2680; 28 CFR 14.1-14.11; 39 U.S.C. 401, 409, 2008) [36 FR 12448, June 30, 1971, as amended at 38 FR 16868, June 27, 1973; 49 FR 19478, May 8, 1984; 69 FR 52607, Aug. 27, 2004; 73 FR 75340, Dec. 11, 2008; 76 FR 52580, Aug. 23, 2011]
Notes of Decisions
Cited in 23 cases (9 in the last 5 years), 1982–2026 · leading case: Robert Wayne Dotson v. United States, 30 F.4th 1259 (11th Cir. 2022).
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Robert Wayne Dotson v. United States, 30 F.4th 1259 (11th Cir. 2022). · cites it 7× “This appeal requires us to determine whether the USPS’s fi- nal denial letter sent to Plaintiffs’ counsel of record in the adminis- trative proceeding complied with the plain language of 39 C.F.R. § 912.9 (a) after suit had been filed by a different counsel in federal district…”
Lightfoot v. United States, 564 F.3d 625 (3rd Cir. 2009). · cites it 3× “C. § 2401 (b), a claimant, his duly authorized agent, or legal representative, may file a written request with the postal official who issued the final denial or with the Chief Counsel, National Tort Center, U.”
Timothy J. Willis v. United States of Am., Daryl MacNeil & Paul D. MacNeil v. United States of Am., Robert J. Seufert, Jr. v. United States, 719 F.2d 608 (2d Cir. 1983). · cites it 2× “1 On July 3,1980, in accordance with 39 C.F.R. § 912.9 (a), an official in the Claims Division of the Law Department of the Postal Service sent a notice to the attorney for the claimants by certified mail finally denying the claims; on July 7 the attorney signed a form…”
Glover v. United States, 111 F. Supp. 2d 190 (E.D.N.Y 2000). · cites it 5× “) The letter also referred Glover’s attorney to the USPS regulation that outlines the procedures for submitting requests for reconsideration, 39 C.F.R. § 912.9 . (Id.) In a sworn affidavit, Glover’s attorney, Jay H.”
Polk v. United States, 709 F. Supp. 1473 (N.D. Iowa 1989). · cites it 10× “§§ 2401 (b), 2671-80, and 39 C.F.R. § 912.9 (1988). The current applicable regulations are identical to those in effect during 1986.”
Martinez v. United States Post Off., 875 F. Supp. 1067 (D.N.J. 1995). · cites it 2× “[district [c]ourt____ 39 C.F.R. § 912.9 . In the instant case, it is apparent Plaintiffs have failed to exhaust their administrative remedies before bringing the instant action.”
Broussard v. United States, 52 F.4th 227 (5th Cir. 2022). “” 39 C.F.R. § 912.9 (a). My colleagues claim “[i]n no way did the USPS limit its denial only to property damage claims,” but Broussard states the only claim he turned over to State Farm was for the property damage.”
Sharon R. Miller v. United States, 741 F.2d 148 (7th Cir. 1984). “39 C.F.R. 912.9(a). But if a federal agency fails to finally dispose of a properly made claim within six months of its presentation, the claimant has the option to treat the inaction as a constructive final denial.”
Katherine Graham v. United States, 96 F.3d 446 (9th Cir. 1996). “6 (denial of administrative claim under FTCA by Department of Education mailed to claimant, attorney or representative); 39 C.F.R. § 912.9 (Postal Service shall send notice of denial of administrative claim for damage arising out of the operation of the Agency to claimant,…”
Ramseur v. United States, 587 F. Supp. 2d 672 (D. Maryland 2007). “§ 2401 (b) and 39 C.F.R. 912.9(a), if dissatisfied with the Postal Service’s final denial of an administrative claim, a claimant may file suit in a United States District Court no later than six (6) months after the date the Postal Service mails the notice of that final action .”
Solomon v. United States, 566 F. Supp. 1033 (E.D.N.Y 1982). “39 C.F.R. Section 912.9(b). From the date of filing a request for reconsideration the Postal Service has six months to make a disposition of the claim, i.”
Bond v. United States, 934 F. Supp. 351 (C.D. Cal. 1996). “The USPS also relies on 39 C.F.R. § 912.9 , but the disposition of this matter is the same under either regulation.”
Show all 23 citing cases →
— 39 C.F.R. § 912.9(a) — 3 cases
Sharon R. Miller v. United States, 741 F.2d 148 (7th Cir. 1984). “39 C.F.R. 912.9(a). But if a federal agency fails to finally dispose of a properly made claim within six months of its presentation, the claimant has the option to treat the inaction as a constructive final denial.”
Ramseur v. United States, 587 F. Supp. 2d 672 (D. Maryland 2007). “§ 2401 (b) and 39 C.F.R. 912.9(a), if dissatisfied with the Postal Service’s final denial of an administrative claim, a claimant may file suit in a United States District Court no later than six (6) months after the date the Postal Service mails the notice of that final action .”
Gibson (E.D. La. 2026).
— 39 C.F.R. § 912.9(b) — 1 case
Solomon v. United States, 566 F. Supp. 1033 (E.D.N.Y 1982). “39 C.F.R. Section 912.9(b). From the date of filing a request for reconsideration the Postal Service has six months to make a disposition of the claim, i.”
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