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B-214361 1 (1984-05-22)

handle is hein.gao/gaobadlsj0001 and id is 1 raw text is: 0 '~THE COMIPTROLLER GE 0XNERALo 0 E 1811 0N PP0FTHRI UNITWI3 TAE A 'ASHINGrONo, .H9 C 20548 FILE: B-214361 DATEI ay 22, 1984 MATTVMR OF, Velia Lenhart DIGEST; The widow of a retired military member seeks payment of an amount equal to investmeu~t interest she states was lost on the balance ofea settlement payment to which she was entitled under the Military Claims Act, She claims that the check that was initially sent to her in payment was improperly drawn due to negligence, and claims the knterest she lost from the date she received the first check until the date she received a second check which she was able to negotiate. The clalm is denied since there Is no authority for such a payment. This decision is the result of an appeal by Mrs. Velia Lenhart of the action of our Claims Group, which denied her claim for money which she claims was lost due to the delay in receiving the Government's payment to her of a setcle- ment in connection with the death of her husband, Since there is no legal authority to pay this claim, the action of the Claims Group must be sustained. On February 12, 1982, Mrs. Lenha't agreed to a settlement in the amount of $100,000 in full satisfaction of her claim against the United States arising from the alleged wrongful death of her husband, Clarence Harvey Lenhart, USN (Retired). Mr. Lenhart died at the Naval Regional Medical Center, Naples, Italy, on November 2, 1980. By the terms of the settlement agreement, which was endorsed by Mrs. Lenhart and her attorney, attorney's fees in the amount of not more than $20,000 were to be paid to her attorney out of the proceeds of the settlement. On June 28, 1982, Mrs. Lenhart's claim for payment under 10 U.S*C. S 2733 was received in this Office from the Department of the Navy. The information received from the Navy Department indicated that, consistent with the provi- sions of 10 U.S.C. S 2733, the Navy Regional Finance Center, Washington, D.C., had paid Mrs. Lenhart's attorney $20,000 tI

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