surviving spouse and children, one half to the spouse, and equal shares of the other half to the children; absent children, then all to the spouse. 42 U.S.C. § 3796. 8. Burden of Proof – A claimant, generally, “has the bur-
den of persuasion as to all material issues of fact, and by the standard of ‘more likely than not.’” 28 C.F.R. §32.5. 9. Legal Fees – A “person seeking to receive any amount
from . . . a claimant for representative services provided in connection with any claim may petition the PSOB Office for authorization. 28 C.F.R. §32.7(a). The fee petition, the regu- lation dictates, “shall” include a number of specific entries, including a statement of services provided, an explanation of the petitioner’s qualification to handle the matter, and certi- fication that the claimant was simultaneously with the filing with the PSOB given a copy of the petition. Id. A petition must be filed within “one year after the date the final agency determination of the claim.” Id. 10. Statute of Limitations – A death claim must be filed
“within three years after the public safety officer’s death.” 28 C.F.R. §32.12(a). The same regulation may extend the statute of limitations to one year from the date the claimant receives a benefit from the decedent’s employer, or a decision denying such benefits. Id. 11. Form/Certification – The PSOB’s web describes in
detail the form in which a claim must be made. The regula- tions are very specific as to the types of information that must be provided. 12. No Offset – PSOB benefits are payable “in addition to
any other benefits that may be due from other sources. . . . 42 U.S.C. §3796(f). 13. Exclusions for Misconduct – there are exclusions for
gross negligence, voluntary intoxication and persons em- ployed in “other than a civilian capacity.” 42 U.S.C. §3796a. Other than the last exclusion, these misconduct-related issues are probably not relevant in most cases involving heart attack or strokes. 14. Exhaustion/Appeal – Dissatisfied with having been
denied a death benefit, claimant must first exhaust, at the Department level, all administrative remedies. What this means is that “a claimant seeking relief from a denial of his claim shall request a Hearing Officer determination.” 28 C.F.R. §32.17. A request for hearing officer determination must be made thirty-three days after the service of notice of the denial of a claim. 28 C.F.R. §32.42. The hearing officer is appointed by the agency Director to hear the claim. 28 C.F.R. §32.43. This is a de novo review of the PSOB’s deci- sion. 28 C.F.R. §32.43(d). Judicial review of this final agency determination can be appealed as a claim against the United States. 28 C.F.R. §32.55(a). See also 28 U.S.C. §1491(a).
Conclusion For those within the PSOB claimant class, the Hometown
Heroes Survivors’ Benefits Act of 2003 is a remedy that, in Fall 2008 Trial Reporter
Maryland Trial
Lawyers Association Keeping Families Safe
2008-2009 Calendar of Events
November 11, 2008 Workers’ Compensation Seminar HALF DAY
Sheraton City Center Baltimore, MD
November 20, 2008 Brown Bag Lunch #3 Preparing and Presenting Your DUI Case Before the OAH MTLA Office Columbia, MD
December 11, 2008 Holiday Party Columbia Hilton Columbia, MD
January 14, 2009 Membership Dinner Members Only Columbia Hilton Columbia, MD
January 23, 2009 Jury Bias Seminar FULL DAY Location TBD
February 5, 2009 Brown Bag Lunch #4* First Party Bad Faith LAD Reporting- Baltimore, MD *Also available via
videoconference at LAD locations in Greenbelt, Washington DC, Rockville, & Annapolis
February 20, 2009 Family Law Seminar HALF DAY
Columbia Hilton Columbia, MD
March 12, 2009
Brown Bag Lunch #5 Liens Teleseminar
March 27, 2009 Mock Trial FULL DAY UMBC
Baltimore, MD
April 17, 2009 Medical Negligence Seminar FULL DAY
Columbia Hilton Columbia, MD
April 22, 2009 Case Evaluation MTLA Office Columbia, MD
April 22, 2009
Annual Membership Meeting & Dinner Members Only Tremont Grand Baltimore, MD
May 9, 2009 President’s Dinner & Silent Auction Tremont Grand Baltimore, MD
To register for any of the above programs, visit:
www.mdtriallawyers.com
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