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Code · CFR · Title 20 — Employees' Benefits · Part 429 — Administrative Claims Under the Federal Tort Claims Act and Related Statutes · § 429.208

§ 429.208. How do you determine the award? Is the settlement of my claim final?

252 words·~1 min read·/us/cfr/t20/s§ 429.208·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The amount allowable for damage to or loss of any item of property may not exceed the lowest of:
(1)The amount you requested for the item as a result of its loss, damage, or the cost of its repair;
(2)The actual or estimated cost of its repair; or
(3)The actual value at the time of its loss, damage, or destruction. The actual value is determined by using the current replacement cost or the depreciated value of the item since you acquired it, whichever is lower, less any salvage value of the item in question, if you retain the item.
(b)Depreciation in value is determined by considering the type of article involved, its cost, its condition when damaged or lost, and the time elapsed between the date you acquired it and the date of damage or loss.
(c)Current replacement cost and depreciated value are determined by use of publicly available adjustment rates or through use of other reasonable methods at the discretion of the SSA Claims Officer.
(d)Replacement of lost or damaged property may be made in kind wherever appropriate at the discretion of the SSA Claims Officer.
(e)At the discretion of the SSA Claims Officer, you may be required to turn over an item alleged to have been damaged beyond economical repair to the United States, in which case no deduction for salvage value will be made in the calculation of actual value.
(f)Settlement of claims under the Act are final and conclusive.
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