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EEOICPA & RECA Attorneys

Stephens & Stephens has obtained over $60 million through the Radiation Exposure Compensation Act and the Energy Employees Occupation Illness Compensation Act for our clients

Gloria ReynoldsGloria Reynolds
04:16 30 Mar 24
Stephens & Stephens was very helpful in getting my claim processed and helping me in getting my settlement, staff was knowledgeable and professional and very kind if I call and needed to ask a question they would call me back within a timely manner. Thank you so much for your help .Continue to be blessed Gloria
Dee GodfreyDee Godfrey
18:49 12 Mar 24
I was astounded with the service I received from Mr. Hugh Stephens in regard to my husband's compensation claim. He was not only efficient, but also compassionate, and communicated clearly and frequently. Because of his outstanding efforts and expertise, I, who am now a grieving widow, am unexpectedly stabile and secure. I had little to do. He did all the heavy lifting. I'm so very grateful for his help. I'll always remember not only his professionalism, but also his kindness.
Audrey OgletreeAudrey Ogletree
22:19 09 Mar 24
From: Laurence OgletreeI received good assistance from Stephens & Stephens in submitting the recent claim for increased impairment benefits from the Energy Workers program.
Randy MooreRandy Moore
14:48 07 Mar 24
I was a machinist at Honeywell F.M.&T.and developed bilateral tinnitus and bilateral sensorineural hearing loss. They helped me file a claim with EEOICPA in 2017. Stephen’s & Stephen’s was very good to work with, they take care of all the paperwork and help with any paperwork I receive from the Department of Labor. They stay on top of things helping with scheduling impairment reviews etc.I feel that without their help this would have been a very overwhelming process.I plan on still using them if any other illnesses occur due to my employment with Honeywell.
Mike DauzatMike Dauzat
15:54 02 Mar 24
I highly recommend Stevens and Stevens. Hugh Stevens and his staff are very professional and very friendly. They're extremely good at making sure you get the full amount of money you deserve. If you need a DOL lawyer, I highly recommend this team. I can't be more happy that I picked Stevens and Stevens.
Mary YbarraMary Ybarra
01:33 27 Feb 24
Stephen’s and Stephen’s has kept fight for my dad. Now they are fight for my mom. They are on top of things and I would recommend them to anyone who needs help and guidance with the Uranium mines.
Dianne HarperDianne Harper
01:02 17 Feb 24
Robert and I are very pleased with Mr. Hugh Stephens and all that he has done for us. From the first moment we spoke, we sensed that though Mr. Stephens exhibits sharp business acumen, he cares deeply about his clients and he has a huge heart.
Diane pontonDiane ponton
17:38 07 Feb 24
I tried to get others to help me with this claim, and it wasn"t until I hired Mr. Stephens that things started happening. I would recommend any one to get in touch with him . I would go to him again, if i ever needed to.
Judy LeonardJudy Leonard
22:26 06 Feb 24
I very much appreciate the successful litigation concerning my husband's Hanford work related illness. Stephens & Stephens LLP were thorough, caring, considerate, and fair during this difficult time.
Kenneth GKenneth G
18:23 03 Feb 24
Mr. Stephens was able to simplify an otherwise complicated lengthy process (DEEOIC) to file an initial claim as well as a claim for impairment benefits.
18:08 03 Feb 24
Frankie KnucFrankie Knuc
19:24 08 Jan 24
I had other attorneys hired in Cortez, Colorado and Grand Jct., Colorado to assist me with receiving my uranium claim, but they were not successful. I was advised by an employee of CNS of Stephens & Stephens, LLP good work. I contacted them & they took my case It was settled very quickly. I have been very pleased with this group & would advise others of their prompt service. I would recommend them to others. Respectfully, Frankie Knuckles
Rebecca ConsolRebecca Consol
19:57 22 Dec 23
My family used Stephen’s and Stephen’s for a settlement case. We were extremely pleased with all they did. They were very professional, easy to get a hold of, and invaluable when it came to answering questions and handling complicated Department of Labor issues and forms. They also did everything in a very timely manner. I have already recommended them to other people.
Thomas CliffordThomas Clifford
15:29 21 Dec 23
I have been represented by Hugh Stevens for several years now, He and his staff has made everything so easy for me. I had lung cancer from working in the uranium processing industry, they have opened so many doors for me and made dealing with DOL so much easier. They always answer my questions in a very timely manner. I have referred several other people to him and he has been able to get them through this process also. There are benefits that I was not aware of that he has brought to my attention and been able to lead me through the process of obtaining them. I would most highly recommend him to lead anyone through this process.
Lonnie killingHawkLonnie killingHawk
02:35 14 Dec 23
When I first contacted Stephens & Stephens I was at the end of my rope with DOL. Hough and his staff got me on track and handled everything with DOL and just made this process so easy. Do not know where I'd be with out them. They are able to communicate at a layman's level and understand the client. Would strongly recommend this firm.
Ruthy LyonRuthy Lyon
21:00 28 Sep 23
Our initial conversation with Mr. Stephens was productive & reassuring. His previous experience with similar cases was obvious and very helpful, in both asking us specific questions for clarification & also addressing our own questions. Breanna is also a great asset to their team.
James O'DayJames O'Day
15:07 13 Sep 23
I have referred several friends to Hugh Stephens and they were more satisfied than they ever expected. I would refer him with confidence to anyone in need. I trust when he speaks for me, for example, in court. He is a good communicator and a deep thinker. He is well respected in his profession. He handles environmental law, injury law, and medical malpractice. He is tactful and direct and knows what he is doing. He knows the legal briar patches well.

EEOICPA Survivor Benefits

The Energy Employees Occupational Illness Compensation Act (EEOICPA) provides compensation to certain Department of Energy (DOE) employees, including contractors and subcontractors who developed a serious illness after being exposed to toxic substances at certain DOE facilities. 

Part E of the EEOICPA also provides benefits to surviving family members of those who have passed away from illnesses caused by exposure to specific toxic substances, such as chemicals, acids, metals, solvents, and radiation or radioactive fallout. 

If you are a surviving family member and believe you may be entitled to EEOICPA survivor benefits, call an experienced EEOICPA attorney at Stephen & Stephens. We want to help you get the compensation your family deserves. 

EEOICPA Part E Eligibility for Survivors Benefits

In order for surviving family to be entitled to survivor benefits under Part E of the EEOICPA, the DOE employee must have had a covered condition that was directly responsible for their death. Some of these could include:

  • Chronic renal failure
  • Toxic encephalopathy
  • Occupational asthma
  • COPD
  • Certain types of cancer
  • Beryllium disease
  • Kidney disease

The claims process for applying for survivor benefits varies, depending on your relationship to the energy employee entitled to compensation under the EEOICPA. Your attorney can help you understand what steps you should take based on the circumstances of your case. 

Applying for Compensation as a Surviving Spouse

If an employee has passed away before being able to apply for benefits, survivors of the employee are potentially eligible to receive up to $250,000 in EEOICPA Part E eligibility. The first step in receiving survivor benefits is proving that the survivor is eligible for compensation.

The primary survivor eligible is the spouse. A spouse is eligible for survivor compensation as long as he or she was married to the deceased employee for at least one year prior to the employee’s death. 

In order to prove spousal survivorship, the spouse must submit the employee’s death certificate and documentation showing the existence of a valid common law marriage between the employee and spouse. The most common proof of a common-law marriage is a marriage certificate; however, other evidence may be used to show the existence of a marriage. 

Additional evidence may include real estate documents, tax records, financial documents, wills, trusts, and other significant documents.

Surviving Children of Energy Employees

If there is not an eligible spouse, then the employee’s children may be eligible. Natural children, stepchildren, and adopted children are all potentially eligible survivors if they fell into one of three categories at the time of the employee’s death:

  • The child was a minor (under 18 years old).
  • The child was under 23 and continuously enrolled at an educational institution.
  • The child was incapable of self-support.

The first of these three categories is the most straightforward. If the child was a minor at the time of the employee’s death, then they are an eligible survivor.

To fall into the second category, the child must have been under 23 and continuously attending an educational institution (four-year college, junior college, etc.). To be considered enrolled full-time, a child must be a full-time student over a twelve-month period with no more than four months of breaks from school. 

A student who is enrolled in certain programs like co-ops and internships for which they are not enrolled in any courses for that term is still considered enrolled in an educational institution. A child whose continuous enrollment is interrupted by a situation beyond their control, such as an incapacitating illness, may still be considered an eligible surviving child.

The final category applies to surviving children over the age of 18 who were not continuously enrolled in an educational institution. The child must have been physically or mentally incapable of self-support, regardless of marital status and the temporary or permanent nature of the incapacity. 

This physical or mental incapacity must have prevented the child from obtaining and retaining a job or prevented them from engaging in self-employment that could provide a sustainable living wage. Medical evidence showing the diagnosis of a physical or mental condition must be provided showing the child was incapable of self-support at the time of the employee’s death. 

Additional documents, including social security disability records, tax returns, state guardianship documents, and affidavits may be submitted along with the proper medical documents. A child is not considered incapable of self-support based on a lack of job skills, economic conditions, or incarceration.

For more information on what it means to be “incapable of self-support,” read more regarding coverage for children of energy employees.

Any child applying for compensation as an eligible survivor must submit the employee’s death certificate and documentation showing that there is no eligible spouse. This could be a divorce decree that shows the employee was not married at the time of their death or a death certificate of the employee’s spouse. 

In certain situations, compensation may be split between an eligible spouse and a child who is not related to the eligible spouse. If one or more children meet the criteria of an eligible surviving child of the employee and they are not a child of the spouse (natural, step, or adopted), then half of the compensation is paid to the spouse and the other half is divided equally between the eligible surviving children.

EEOICPA Part E Survivor Eligibility: Compensation Benefits

Once proper survivor eligibility is determined, claimants must submit medical evidence showing the employee suffered from an illness connected to their occupation. The evidence must establish that the employee’s occupational exposure to a toxic substance was at least a significant factor in causing, contributing to, or aggravating the death of the employee.

After an employee’s exposure is shown, the eligible survivor is entitled to receive up to $250,000 in a lump sum payment. In cases with multiple eligible survivors, the compensation is divided equally among the claimants.

Contact an EEOICPA Attorney for Help with Survivor Benefits Claims 

Stephens & Stephens is a leading law firm that specializes in representing families of energy workers and individuals who have been exposed to radiation or other toxic substances. We can help you file for EEOICPA survivor benefits. 

If you believe that you qualify for government compensation via the EEOICPA, contact our office to schedule your free, no-obligation consultation. You can reach us by phone at 716-852-7590 or fill out our quick contact form and we’ll reach out to you to discuss the details of your EEOICPA claim.