EEOICPA – Do I need an attorney?
If you or someone you love has been diagnosed with cancer or another illness after working at a Department of Energy (DOE) or an Atomic Weapons Employer (AWE) facility, then you are probably weighing your options. There are many online resources and even more legal forms available, but the main question you are facing is: Do I need an EEOICPA attorney?
While there are those who would suggest that lawyers will charge more than professional advocates or representatives, that is simply not true.
The fees charged by lawyers AND advocates are limited by the EEOICPA and RECA statutes themselves. This means that whoever is assisting in your EEOICPA claim, an EEOICPA lawyer, a professional advocate, or a representative, they are all bound by the same limits on fees that bind unlicensed advocates and representatives.
In fact, 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.
Am I eligible for an EEOICPA Claim or a RECA Claim?
Did someone work in the manufacture or testing of nuclear weapons and become ill thereafter? If you have just learned about the Energy Employees Occupational Illness Compensation Program (EEOICPA), it is probably unclear if you should file a claim.
Further complicating matters is that the Radiation Exposure Compensation Act (RECA) also exists. If you are looking for clarity on the differences between between RECA and EEOICPA, then an attorney can simplify this process for you.
Different scenarios: An EEOICPA Attorney can help!
- You realize that either you, your parent, your spouse, or your grandparent has a condition or died related to exposure to radiation or a toxic substance and don’t know where to start.
- Your claim under EEOICPA or RECA has been denied.
- Your EEOICPA claim has been accepted and you need to understand the impairment rating or the wage loss process.
- Your EEOICPA claim has been accepted and you want to learn about health care coverage or reimbursement of expenses or travel and the available health care and home care benefits.
Contact a reputable EEOICPA Attorney
Whether you have just learned about EEOICPA programs or you have just finished your fourth impairment rating, Stephens & Stephens can help. We will answer your questions and can add you to our mailing list for up to date developments with the program. Our trusted EEOICPA team can be reached at (800) 548-4494 or via email at hstephens@stephensstephens.com.
Contact us anytime. We are managing claims 24 hours per day. We are happy to help and hope to hear from you soon.
More benefits from working with a reputable EEOICPA Attorney
EEOICPA lawyers can also address the other issues that accompany these claims.
Social Security Disability and Supplemental Security Insurance
There are specific rights that you will qualify for under State and Federal Workers Compensation laws and Social Security Disability (SSD) and Supplemental Security Insurance (SSI) programs:
- State Workers Compensation statutes have deadlines after which a claim cannot be timely filed.
- Similarly, Social Security Disability (SSD) rights are extinguished after periods of unemployment.
EEOICPA Taxation
EEOICPA compensation has special status and is exempt from certain types of taxation, should be segregated from other funds and should not be considered “resources” for purposes of certain housing assistance and other government programs.
Avoidable Mistakes
Medical bills and insurance can be overwhelming, especially for those already struggling with an illness in their family. These claims should be handled by a licensed professional to prevent mistakes in the claim process. Some mistakes cannot be fixed after filing. For example, a claimant who qualifies for both RECA and EEOICPA benefits loses the right to claim the more advantageous EEOICPA benefits if he or she accepts RECA benefits.
Some claimants spend their compensation on medical bills, old and new, until they have nothing left. There are other alternatives! Certain insurance policies have limits, deductibles or “holes” that can be managed where an EEOICPA claim has been accepted.
Overturning Estimated Radiation Dosage
The Dose Reconstruction Process is where a Health Physicist (HP) estimates how much radiation dose the worker received at the cancer site. This process is very complex and difficult to understand. As trusted EEOICPA Attorneys, we have studied that process and have successfully overturned poorly prepared Dose Reconstructions.