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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

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.
dave DONAIDdave DONAID
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.
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RECA ATTORNEYS

RECA funding is available for those hurt by radiation and toxic substances resulting from nuclear testing in the U.S. Reach out to a RECA attorney with Stephens & Stephens today to file a claim. Don’t wait because this program is set to end on June 8, 2024.

Radiation Exposure Compensation Act (RECA) Claims Assistance

The Radiation Exposure Compensation Act (RECA) was enacted upon a Congressional finding that the United States should recognize and assume responsibility for the harm done to individuals who developed certain cancers and other diseases following employment in the uranium industry or following exposure to radiation released during atmospheric nuclear tests. 

The Radiation Exposure Compensation Program (RECP) established under RECA provides lump sum compensation to three defined classes of individuals:

  • Uranium industry workers ($100,000)
  • On-site participants ($75,000)
  • Downwinders ($50,000)

On-site participant and downwinder claims (filed under Section 4) are paid from the Radiation Exposure Compensation Trust Fund, which is set to expire on July 10, 2022. Amounts in the fund not spent at that time will be liquidated and deposited with the United States Treasury. 

Uranium industry worker claims (filed under Section 5) are paid from the Energy Employees Occupational Illness Compensation Fund under the EEOICPA, which isn’t currently set to end and will be replenished as needed.

Overview of the Radiation Exposure Compensation Act

On October 5, 1990, the Radiation Exposure Compensation Act (RECA) was passed, and it was significantly expanded by the Radiation Exposure Compensation Act Amendments of 2000. The Radiation Exposure Compensation Program (RECP) was established by the Attorney General and began processing claims in April 1992. The RECP is administered by the Department of Justice (DOJ), Civil Division, Torts Branch, Constitutional and Specialized Tort Litigation Section.

The Radiation Exposure Compensation Act covers all states where uranium was mined and processed, as well as certain “downwind” counties in Nevada, Utah, and Arizona. Although the vast majority of claims are filed by people residing in the Southwestern United States, individuals residing in every state, as well as in several foreign countries, have been compensated through the RECP.

The Radiation Exposure Compensation Act was put in place to avoid litigation and to minimize costs for those impacted, as well as for the government. Because of this, RECA does not require claimants to establish causation (unlike the EEOICPA). Individuals may qualify for RECA compensation by establishing the diagnosis of a listed compensable disease after working or residing in a covered location for a certain period.

RECA provides compensation to three defined classes of individuals: uranium industry workers ($100,000), on-site participants ($75,000), and downwinders ($50,000). 

In cases of eligible individuals who are deceased at the time of payment of compensation, payments are made first to the spouse (married for at least one year immediately before death), then (if no spouse) in equal shares to living children, then (if no spouse and no children) in equal shares to living parents, then (if no spouse, children, or parents) in equal shares to living grandchildren, then (if no spouse, children, parents, or grandchildren) in equal shares to living grandparents.

Such survivors may also file claims for eligible individuals who have died before filing a RECA claim.

What to Expect from the RECA Claim Process

Suppose the DOJ determines that any requirements for compensation are not met. In that case, the DOJ will let you know in writing, and you, as the claimant (or eligible survivor), are allowed sixty days from the date of notice to correct any deficiency. Failing that, the DOJ will deny the claim without further review.

If the claim is denied, we have days to appeal, and the appeals officer is required to decide the appeal (affirm, reverse, or remand for further action) within ninety days of receipt of the appeal. Administrative review by the Appeals Officer is required before you can seek judicial review in federal court.

The DOJ is required to decide on each properly filed RECA claim within one year of filing the claim. The exception is if the DOJ requests additional information from the claimant; in that case, the clock stops until the claimant provides that information or notifies the DOJ that they will not do so.

If the DOJ does not make a decision within one year, the claim will be deemed awarded as a matter of law and paid. 

In fiscal year 2006, RECP’s overall average claim-processing time across all claimant categories was 339 days, and average claim-processing times should continue to decrease.  

From April 1992 through June 2007, RECP authorized payments totaling $1.2 billion for 18,110 claims — about 68% of the 26,550 claims filed. About 46% of that $1.2 billion was paid to downwinders, 37% to uranium miners, 8% to uranium millers, 7% to on-site participants, and 2% to uranium ore transporters.

All compensation awards are made in the form of one-time lump sum payments. 

When a claim is approved, the DOJ will require the claimant to provide an affidavit in connection with other payments that could offset the amount of the RECA award. The DOJ may request that the claimant (or eligible survivor) provide other records or documents, or execute affidavits or releases of information. If the claimant fails or refuses, this may be deemed a rejection of the payment. 

Once the claimant (or eligible survivor) elects to accept the payment, the claim is to be paid within six weeks.

Do you need assistance filing your RECA claim?

You could be eligible for up to $400,000 in compensation! Did you mine uranium between 1942-1971, and were you diagnosed with a lung illness such as lung cancer, silicosis, pneumoconiosis, cor pulmonale, or pulmonary fibrosis?

Suppose you or a family member worked at a facility that manufactured, tested, or processed uranium or other radioactive materials used in atomic weapons and became ill. In that case, you may be entitled to compensation of up to $400K plus medical benefits. For RECA claims assistance, contact our counsel at 1-866-535-8114 or fill out our free claim evaluation. We can still offer help if you’ve already filed, even if your claim was denied!

  • The Radiation Exposure Compensation Act (RECA) is a federal government program signed into law starting in 1990 to compensate former uranium miners and their families for being unknowingly exposed to radiation while working at a uranium mine.
  • Certain survivors of these employees are also eligible for benefits.
  • The Environmental Protection Agency has estimated there to be at least 4,000 sites throughout the U.S. that conducted uranium mining and related activities.
  • The Radiation Exposure Compensation Program (RECP) provides lump-sum compensation to three defined classes of individuals: Uranium Industry Workers ($100,000), On-site Participants ($75,000), and Downwinders ($50,000).
  • This is not a lawsuit but a particular type of federal workers’ compensation provided by the government through the Department of Labor.
  • Counsel fees are regulated by statute, and the fees associated with an initial claim are limited to 2% of the lump sum compensation received by the worker or surviving family member. No counsel fees are payable except out of the compensation paid to the claimant by the Department of Labor.
  • As of April 2018, the government has approved 34,372 claims and distributed over $2 billion in compensation.

Am I Eligible for RECA Benefits?

Many people have suffered from the effects of radiation exposure, and you may be one of the people struggling to recover after this exposure. Even exposure from decades ago can lead to dangerous cancers and other illnesses. 

You may be due compensation under the Radiation Exposure Compensation Act (RECA), but how do you know if you’re eligible? If you’re part of one of the following groups, reach out to the RECA lawyers at Stephens & Stephens about your eligibility and the benefits you may be due. 

On-Site Participants 

You or a loved one may have been one of the many people working at the testing facilities during nuclear weapons testing performed between 1945 and 1962. That testing left workers vulnerable to the radiation, which may have developed into one of many dangerous or even deadly cancers. 

If you’ve suffered one of these cancers due to your participation on a nuclear testing site, you may be eligible for up to $75,000 in benefits. Talk to your lawyer about your claim and the compensation you’re due. 

Downwinders 

A downwinder is someone who was living in one of the nearby areas while these nuclear tests were being performed. Even from a distance, radiation can travel, which may have led to your exposure. Now, your health may have suffered

If you’re unsure where to begin, reach out for a lawyer’s help. Your RECA attorney can help you determine what your benefits as a downwinder are worth, and they can help you gather the necessary information for your claim. 

Miners and Transporters of Uranium 

Those who mined, milled, and transported uranium ore worked in close contact with radioactive material. That can have devastating health consequences, even if you only worked in the field for a short time. 

If you suffered from a devastating illness because you were a uranium miner, miller, or transporter, you should speak with your lawyer about your RECA benefits. Your benefits can help you cover the costs of your medical bills, healthcare needs, and other expenses. 

Radiation Exposure Compensation Act Claims Assistance

The Radiation Exposure Compensation Act (RECA) was enacted upon a Congressional finding that the United States should recognize and assume responsibility for the harm done to individuals who developed certain cancers and other diseases following employment in the uranium industry or following exposure to radiation released during atmospheric nuclear tests.

The Radiation Exposure Compensation Program (RECP) established under RECA provides lump sum compensation to three defined classes of individuals:

On-site participant and downwinder claims (filed under Section 4) are paid from the Radiation Exposure Compensation Trust Fund, which is set to expire on July 10, 2022. Amounts in the fund not spent at that time will be liquidated and deposited with the United States Treasury. 

Uranium industry worker claims (filed under Section 5) are paid from the Energy Employees Occupational Illness Compensation Fund under the EEOICPA, which isn’t currently set to end and will be replenished as needed.

Need an Attorney to Help with Your RECA Claim?

Stephens & Stephens assists individuals, or their eligible survivors, to collect compensation from the government under RECA.

  • Amendments to RECA have resulted in expanded coverage, meaning that you may now be eligible, even if you were denied in the past.
  • Previously denied claimants may re-file up to three times. Resubmissions made before July 2000 do not count toward the three-time limit.
  • RECP statistics show that between April 1992 and June 2007, only 40% of denied claimants continued to pursue compensation awards.
  • The government has approved thousands of claims and distributed over $2 billion in compensation.

Our fees for assisting with claims under RECA are set by statute, and we do not collect any fees unless and until your claim is paid. No attorneys’ fees are charged for unsuccessful claims. 

If we file an initial RECA claim, our fees are two percent of the total payment made. For example, if you are awarded a $50,000 initial RECA claim, we collect $1,000, and the remainder is paid to you. 

If we are resubmitting a previously denied RECA claim, our fee is ten percent of the total payment made. 

Expenses payable in addition to the statutory attorney fee will be discussed in advance. This means that if we need to order documents to support your claim, we may request that you pay for the actual cost of the record before we order it, or we may request that you provide such payment when your claim is paid.

Find Out How a Stephens & Stephens Attorney Can Help with Your RECA Claim

Being awarded the funds you’re due from the Radiation Exposure Compensation Act is unnecessarily difficult. That’s unfair, and so is how you and your family have been impacted by radiation and toxic substance exposure. At Stephens & Stephens, LLC, we want to do what we can to start making things right. 

We’ve successfully handled RECA claims for years, and we want to give you your best chance at maximum compensation. Call a RECA lawyer at 1-800-548-4494, or fill out our contact form. There’s no time to lose because RECA is set to end on June 8, 2024. Together, let’s go after the funding you’re owed for this dark chapter in your life.