Stephens and Stephens RECA lawyers represent downwinders who developed certain illnesses related to radiation exposure during the atmospheric nuclear testing. Downwinders are individuals who lived downwind of nuclear weapons test sites, in the states of New Mexico, Utah, Idaho, Nevada, and Arizona during the specified periods. The government compensates affected downwinders and eligible survivors through the Radiation Exposure Compensation Act (RECA). Eligible claimants receive a lump-sum payment of $100,000.
Eligibility requirements for downwinders
For a downwinder claim to be accepted, the claimant must provide evidence that she or he was physically present in an affected area during the specified periods and that he or she suffered from a specified illness after the specified period following radiation exposure.
Specified illnesses
RECA lists illnesses linked to radiation exposure as specified illnesses. They include:
- All types of Leukemia except chronic lymphocytic leukemia- the initial exposure must have occurred after the age of 20, and the onset of the disease at least 2 years after first exposure
- The following diseases are compensated if their onset was at least 5 years after first exposure: multiple myeloma, lymphomas (other than Hodgkin’s disease), and primary cancer of the thyroid, male or female breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary bladder, brain, colon, ovary, liver (except if cirrhosis or hepatitis B is indicated), or lung.
Physical presence
An individual must provide evidence that he or she lived in an affected area for at least 1 year during the period beginning on:
- January 21, 1951, and ending on November 6, 1962
- June 30, 1962, and ending on July 31, 1962
- September 24, 1944, and ending on November 6, 1962, (only for New Mexico)
Affected areas include:
(i) States of New Mexico, Utah, and Idaho
(ii) State of Nevada: the counties of White Pine, Nye, Lander, Lincoln, Eureka, and that portion of Clark County that consists of townships 13 through 16 at ranges 63 through 71
(iii) State of Arizona: the counties of Coconino, Yavapai, Navajo, Apache, Gila, and Mohave
A claimant must also submit written medical documentation by a qualified physician that he or she, after such period of physical presence, contracted a specified disease. For claims related to leukemia, the latency period is 2 years, while that of other specified illnesses is 5 years after first exposure to fallout.
Survivor downwinder claims
If you lost a loved one to an illness related to radiation exposure, you might be eligible for compensation if he or she lived in an affected area. Eligible downwinder survivor claimants are awarded a one-off payment of $100,000. Eligibility of RECA survivors takes the following order:
(i) Surviving spouse: The husband or wife of the individual can claim payment if he or she is living at the time of payment. For a spouse to be eligible, he or she must have been married to the downwinder for at least one year immediately before his or her death.
(ii) Children: If there is no surviving spouse, payment is made in equal shares to all the individual’s children who are living at the time of payment. Eligible children include recognized natural children, adopted children, and stepchildren who lived with an individual in a regular parent-child relationship.
(iii) Parents: If there is no surviving spouse and if there are no living children, the payment is made in equal shares to the individual’s natural or adoptive parents who are living at the time of payment.
(iv) Grandchildren: If there is no surviving spouse, children, or parents, such payment is made in equal shares to all the individual’s grandchildren who are living at the time of payment.
(v) Grandparents: If there is no surviving spouse, children, parents, or grandchildren, then such payment shall be made in equal shares to the individual’s grandparents who are living at the time of payment.
Native American law, tradition, and customs are considered when determining a survivor’s eligibility for compensation in cases involving Indian tribes.
How to file a RECA downwinder claim
For you to be considered for compensation, you must file a claim with the Attorney General, who determines the eligibility of claimants. You must also attach evidence of physical presence and specified illness. If the evidence available is insufficient to make a determination, the Attorney General may request additional information from the claimant or entity on behalf of the claimant. A RECA attorney can guide you through the claim-filing process and help you obtain the evidence required to get you the compensation you deserve. The payment issued may be offset to deduct any payments issued as compensation for injuries you may have incurred on account of exposure to radiation as a result of atmospheric detonation of a nuclear device.
Appeal of denied claims
The Attorney General provides a decision on a claim within 12 months of filing, starting from the date of its receipt by the Attorney General. If your claim is denied, you will be allowed a reasonable period to request an administrative review of the claim. The Attorney General makes a final determination regarding an administrative review within 90 days. If the Attorney General does not issue a decision of the review within 12 months, the claim is deemed legally awarded and paid.
Once the Attorney General approves your claim, payment is made within six weeks. If the claim is denied even after review, you may seek judicial review in a district court. The court will review the denial based on the administrative record and may uphold it or set it aside, approving compensation.
Contact us for assistance with filing a RECA claim
Do you think you or a loved one is eligible for RECA compensation? Contact our RECA lawyer, Hugh Stephens, for a free case evaluation. If your claim was wrongfully denied, we can also assist you in filing an appeal. We only charge you after you have received your payment. Our charges are 2 percent for filing an initial claim and 10 percent for resubmitting a denied claim.