Common Questions

• Also see Common Questions Pursuant to Section 13 of Public Law 108-007

1) What is the difference between "Litigative" and "Administrative" awards?

Litigative award- an award in the form of a settlement or a judgment, that results from a lawsuit. Administrative award- an award premised on an agency's claim authority. Only those administrative awards specifically included in the Judgment Fund statute, or some other statutory authority, may be certified for payment from the Judgment Fund.

2) What is involved in the certification process?

The Judgment Fund Branch, under 31 U.S.C.§ 1304, may pay an award only if payment, by the agency whom the claim is brought, is not otherwise provided for by statute or factual circumstances. There are over 96 statutes pertaining to the Judgment Fund, of which, 17 dictate the denial of payment from the Judgment Fund.

3) Where can we get the Judgment Fund claim certification forms?

Forms are available at the Judgment Fund Web site from the Forms Link. Select the format you prefer under "Forms".

4) Can we "FAX" a claim?

No, to reduce the incident of erroneous duplicate payments, the Judgment Fund Branch does not accept claims via facsimile transmission. Claims are accepted via regular mail or special messenger.

5) How long will it take to process my claim and when can I expect to receive payment?

In most cases, payment is issued in approximately 8 to 12 weeks.

6) If I want to know the status of a claim I submitted, what do I do?

Search the online "Judgment Fund Transactions by Agency" database, if you are an agency. You may also write - Judgment Fund Branch, 3700 East-West Highway, Hyattsville, MD 20782 or call (202) 874-6664. It is helpful to have specific information such as the accurate spelling of the case name, the date it was sent and the amount of the award. If the claim is in our database, we will provide you with a "Z" number. Please retain the "Z" number. This is our way of identifying the claim for future inquiries.

7) How long should I wait before calling to determine the status of my claim?

Please wait two weeks, at a minimum, before calling for the status. Specific information will be required when you call.

8) Lines 5e and 7a on FMS Form 196 appear to be identical. If they are, can the form be revised.

New FMS Forms are now available - See Forms

9) What do you do with incomplete submissions? What forms and documents must I have in my package to ensure that it is complete?

We will call the Submitting Agency to request the additional information. We reserve the option to return incomplete submissions. It is imperative that offices read the Treasury Financial Manual for specific instructions before submitting documents to the Judgment Fund Branch. The submitting agency must complete the FMS Forms 194, 196 and 197.

10) Why would an Administrative FTCA claim of over $2,500.00 be denied for payment?

The Administrative FTCA threshold applies to each claimant, not each incident.

11) Will I receive a written justification for a denial?

You will receive a telephone call or e-mail from the Judgement Fund Branch, advising you of the reason(s) for the denial. We will provide you with a letter of denial.

12) How do I know whether to use a FMS 197 or FMS 197A form?

The FMS Form 197 is used when a settlement agreement has not been executed and attached or where a final agreement is not attached. The FMS Form 197A is used when the settlement agreement has been used, executed and attached or whereas the final judgment is attached. However, the new FMS Form 197 form replaces both forms. Please read the instructions for completing the new FMS Form 197

13) When requesting payment of attorney's fees, which voucher form should be used?

You should use the same FMS form as used for the base award. However, please remember that we now have only one form, the FMS Form 197.

14) I have a claimant who owes a federal debt, how do I get the debt amount deducted from the total award?

The agency to which the debt is owed, must submit a certification letter that must be included in the request for payment package.

15) Do I need to complete Section 3, Section 4, and Section 5 of the FMS Form 197?

No. Agencies need to fill out only one section from among Sections 3, 4, and 5 based on the type of payment that is being requested. For example, if an EFT payment is requested, the agency should complete only Section 3 and leave Sections 4 and 5 blank.