Frequently Asked Questions | EEOICPA

Answers to your EEOICPA Questions

What is the Energy Employees Occupational Illness Compensation (EEOICPA) Program?

The Department of Labor, Office of Worker Compensation Programs, administers EEOICPA. These claims are Federal Workers Compensation Claims which provide compensation to those who worked for the Department of Energy (DOE) or under a DOE contract at a designated Department of Energy (DOE) Facility or an Atomic Weapons Employer (AWE) facility.

Here we provide a comprehensive list of EEOICPA Facilities.

The law was enacted in 2000 by Congress and went into effect in 2001. EEOICPA covers workers and work sites currently or formerly administered by the Department of Energy (DOE) and Atomic Energy Commission.

Is the EEOICPA program real?

As of April 2018, over 299,000 claims have been filed with almost $15 billion paid in total compensation and medical bills by the Department of Labor. Stephens & Stephens has worked directly with the DOL and has secured over $17 million for our clients. Prior results do not guarantee a similar outcome.

Who qualifies for EEOICPA benefits?

Nuclear Weapons Workers who worked for the Department of Energy (DOE) in the production or testing of atomic weapons are eligible for EEOICPA benefits. Their eligible survivors including the surviving spouse, children (including step children), grandchildren and parents can apply for benefits as well.

Am I eligible for EEOICPA compensation?

If you, your parent (step-parent), spouse, or your grandparent worked for a Department of Energy facility or an Atomic Weapons Employer (AWE) facility and currently has a condition related to exposure to radiation and/or a toxic substance or passed away from a condition related to exposure to radiation and/or a toxic substance then you are eligible to apply for compensation under EEOICPA. Compensation will depend on whether the Department of Labor (DOL) can verify a connection between exposure to radiation and/or a toxic substance and the illness or condition in question.

We have obtained over $17 million establishing this connection for our clients. Prior results do not guarantee a similar outcome.

EEOICPA – Do I need an attorney?

When filing an EEOICPA claim, you have the option to file on your own, file with professional advocates or representatives, or use an EEOICPA attorney. The fees will be the same whether you choose a reputable lawyer, professional advocate or other representative.

Lawyers are held to a higher ethical standard imposed by the state bar and licensing authority. Reputable lawyers also carry professional liability insurance for the protection of their clients.

We strongly recommend you seek assistance for your claim, as the Department of Labor denies approximately 50% of claims!

No matter what you choose, the following is available for you:

  • You may be eligible for up to $400,000.
  • Tax-free awards.
  • No fee unless you are awarded.
  • Fees are 2% for an initial claim, plus 10% if the claim is recommended for denial.
  • The fees charged by lawyers and advocates are limited by the EEOICPA statutes themselves.

What illnesses are covered?

The illnesses covered by EEOICPA – specifically the 22 Specified Cancers covered by the Special Exposure Cohort (SEC) are provided for your reference here. These 22 cancers refer to the types of cancers required for a worker to be given Special Exposure Cohort status. Claims may also be filed for workers who were diagnosed with a cancer outside of the list of 22 cancers.

I think I am eligible for compensation. What now?

We encourage potential claimants to allow us to file their claims. We send out an authorized representative form and an engagement letter. The authorized representative form allows us to represent your interests before the Department of Labor (DOL). They ultimately decide whether your claim will be approved or denied.

What is the engagement letter?

This engagement letter lists our fees – which are limited by the EEOICPA statutes themselves.

  • Fees are 2% for an initial claim, plus 10% if the claim is recommended for denial.
  • The fees will be the same whether you choose a reputable lawyer, professional advocate or other representative.
  • We do not receive compensation if your claim is not paid.
  • The compensation that is paid by the Department of Labor is wired directly into your account.
  • After you receive your compensation we send you an invoice for 2%, 10%, or 12% of the compensation based on (1) whether you were paid on the initial claim, (2) if we only handled the objection and/or hearing, or (3) if we handled both the initial claim and the objection and/or hearing.

I would like Stephens & Stephens to handle my EEOICPA claim.

Please contact us by phone at 1-800-548-4494, email ([email protected]) or through the contact form here on our site. We will first seek to understand the nature of your claim. If you wish to proceed from there we will send you an authorization agreement that will allow us to represent you to the Department of Labor.

  • If you have already filed a claim with the Department of Labor and your claim has been denied, we may still be able to assist you. If this is the case we will request your entire case file from the Department of Labor and determine the best strategy to proceed with from our review of the case file.
  • If you have a never filed a claim before, we will file the initial paperwork and correspond with the Department of Labor on your behalf. We will need the necessary documentation to file your claim. This includes survivorship evidence (i.e birth certificates if you are the child of a deceased worker, marriage certificate if you are the spouse of a deceased worker) and medical evidence of your claims (medical records such as pathology reports, PFT results, biopsy results, medical narratives, etc).

I have already begun filing, what now?

Stephens & Stephens will obtain a copy of the DOL file and pick up where you left off. We will do our best to ensure that your hard work is brought to a final resolution. On denied EEOICPA claims we obtain a copy of the DOL file which includes all documentation related to your claim. We analyze the reason why your claim was denied in the first place and we urge the DOL or the DOJ to accept your claim.

We frequently work with experts including Occupational and Environmental Medicine Physicians and Health Physicists and occasionally Subject Matter Experts to present a professionally prepared analysis built on strong supporting evidence.

How long does the claims process take?

There are a number of factors that can affect the Department of Labor’s ability to verify you claim. While we are unable to guarantee our ability to secure a more expedient adjudication, our team is experienced at working with Department of Labor claims examiners to ensure that claims are processed in a timely manner.

  • Claims process generally takes around six months.
  • Dose reconstruction claims can take a year.
  • If a claimant is terminal the claim process can be expedited and lead to a payment within days instead of months.
  • If claims have been denied, there can be a considerable work period before re-presenting them to DOL, sometimes years.

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