The process of filing a RECA claim can be complex for anyone with limited experience. You can file a RECA claim on your own or with the help of an authorized representative. An authorized representative (AR) can be a lawyer or a layperson who acts on your behalf on all matters related to your claim. When choosing an AR, consider his or her experience in handling RECA claims. An experienced RECA attorney has an in-depth understanding of the Act. He or she will review your case and advise you on what benefits you might be eligible for, depending on your case. For instance, some claims don’t just end with a lump-sum payment. Your attorney can help you pursue medical benefits and disability benefits. Without the assistance of an attorney, you might miss out on some benefits. Remember, only an attorney in good standing with his or her state bar can be recognized by the Department of Justice as a representative of a RECA claimant and assist a RECA claimant with a RECA claim.
Working with an RECA attorney vs. an authorized representative who is not an attorney
You can choose an “authorized representative” who is not an attorney to represent you. This could be someone you trust, such as a friend or a family member. However, agreements between you and your “authorized representative,” who is not an attorney, might not be formal and may lack professionalism. The RECA defines the roles of an authorized representative, who is an attorney, and their maximum fees. Only attorneys are authorized to charge fees for RECA representation, except for those representing claimants from Native American tribes.
Whether you are filing an initial claim or appealing a denied claim, it is best if you are represented in all matters of your claim by a licensed attorney. Unfortunately, some claimants seek the representation of an experienced attorney after their claim is denied, which ends up costing more. It is important to note that, if you hire an attorney after your claim has been denied, you will pay 10% of the total amount of compensation you receive, rather than the 2% which you would have paid if your claim had been accepted after the initial filing. If the claim is unsuccessful, an attorney may recover only his or her costs associated with representing you.
Why should you hire a RECA lawyer as your authorized representative?
- An experienced attorney can help speed up your claim process
Ideally, your claim should be determined within 12 months of submitting all the required documents. Time might be critical for ill claimants who require medical benefits for their claimed illness. The speed with which your claim is decided depends on how soon you can submit the necessary documents and evidence. An attorney can help you through the claim process, including filling out the claim forms with the Department of Justice and submitting supporting documentation such as employment records, proof of residency, and medical evidence of a qualified illness. The RECA regulations provide detailed requirements on the types of documents that must be submitted as evidence for illnesses, employment, and physical presence. A claimant must also submit benefit claims in writing and on standard application forms provided by the DOJ. Proof of claimed illness must also be submitted in “written documentation”.
The Department of Justice will request additional evidence if they cannot determine your claim based on the available information. These back-and-forth requests for evidence can delay your compensation.
- Improves the chances of getting your claim accepted
For your RECA claim to be approved, you must submit different types of evidence depending on the type of claim. An experienced RECA attorney will evaluate your claim for weaknesses that might get it denied and assist you in gathering and submitting the required evidence to overcome possible challenges. Your AR will help you file for review if your claim was wrongfully denied. Reviews must be made in writing within 60 days of the initial decision. If you are dissatisfied with the outcome of your appeal, you will need the assistance of an authorized representative to pursue judicial review in the U.S. District Court.
- A RECA attorney can help you get maximum compensation
An experienced attorney will help you claim all the benefits you deserve. Depending on the type of RECA claim, you might be entitled to RECA and EEOICPA payments as well as medical benefits. Your authorized representative should know all the benefits for which you qualify and help you claim them.
- An experienced attorney offers free, invaluable legal advice
RECA lawyers offer free consultation services, and you only pay them if your claim is successful. You can consult your RECA attorney anytime on all legal matters regarding your case at no cost. He or she will also help you file the best-suited claim. There are different types of compensation available to victims of radiation exposure and their survivors. The type of compensation you claim depends on how you were exposed to radiation. Also, not all illnesses are compensated. In some cases, you may have to prove causation, which might be difficult without the help of an attorney. If you believe your illness resulted from radiation exposure, it is best that you consult an experienced RECA attorney to guide you on the best compensation available to you.
- Expertise and professionalism
If you hire an experienced RECA attorney as your authorized representative, you sign an agreement that stipulates each party’s responsibilities. Your attorney will act on your behalf and procedurally handle all communications relating to your claim with the Department of Justice and other entities, ensuring that all deadlines are met and required evidence submitted. Additionally, your attorney AR will be committed to seeing your case succeed. He or she will work in your best interest until you get the compensation you deserve. As your attorney works on your claim, you can relax and wait for your compensation without fear of getting scammed.
Lawyers specializing in RECA claims have an in-depth knowledge of the Act’s requirements, eligibility criteria, and the types of evidence needed to support a claim. An experienced RECA attorney will guide you through the claim application process and help you obtain the required evidence to support your claim, including medical records, employment records, and proof of residency. He or she will help streamline the claim process, ensuring that your claim is effectively handled.
- An experienced attorney can save you money
If your claim is accepted the first time, you pay less in attorney fees. However, if you seek the assistance of an attorney after the claim is denied, you will pay five times more in attorney fees after your claim is accepted. You can terminate your authorization for representation with your attorney at will at no cost. If you are not satisfied with the way your attorney is handling your case, you can terminate his or her representation contract and hire any other attorney of your choice.
Benefits of working with an “authorized representative” who is not an attorney
The only benefit you are likely to get from hiring an “authorized representative” who is not an attorney to assist you with your claim is a lower cost. While the RECA defines the fees an attorney can charge you for representing your RECA claim, non-attorney authorized representatives are not allowed to charge any fee. However, the agreement you sign with your non-attorney AR might not be legal and may attract issues such as unprofessionalism and a lack of commitment.
Wrap up
You are not required to have an attorney or authorized representative to pursue a RECA claim. However, a good RECA attorney can significantly affect the outcome of your claim. If you are looking for an attorney to represent you, don’t downplay experience, contact our RECA attorney R. Hugh Stephens on his cell phone at (716) 208-3525. The RECA claims’ application process can be complex even for attorneys representing claimants for the first time. RECA lawyers are often knowledgeable in the specific program requirements and procedures. An experienced RECA lawyer will gather all the necessary documentation and advocate for your rights throughout the claim process, potentially increasing the likelihood of a successful claim.