What is an Authorized Representative and do I need one?
The Short Answer:
An Authorized Representative is someone the claimant appoints to help with the claim. If you are having trouble finding the information you need for your claim or if you are feeling stressed by the EEOICPA process an Authorized Representative may be helpful to you.
You can appoint an Authorized Representative using DOL's form or you may send a signed letter to DOL with the appointed person's name, address and phone number. You can only have one Authorized Representative at a time.
The Longer Answer:
Working on an EEOICPA claim can be a very frustrating experience. There are three agencies you need to work with--Department of Labor (DOL), Department of Energy (DOE), and National Institute for Occupational Safety and Health (NIOSH). Each agency has its own requirements and "language". None of them is very good at explaining what you need to know. Sometimes it makes sense to get help with your claim.
An Authorized Representatives (AR) is someone claimants appoint to help with their claims. An AR can be anyone a claimant wants to designate but a claimant can only have one AR at a time. An Authorized Representative can be a friend, family member, attorney, or claimant advocate. It all depends on the kind of help you need.
Not all claimants need help. Some claims are simple. If your claim is part of a Special Exposure Cohort (SEC) and DOL accepts your cancer as one of the qualifying cancers and finds that you meet the 250 day requirement you probably don't need an AR. If you have a lot of time, energy, enjoy research, and have no problems with your claim you probably don't need an AR.
It's emotionally difficult to work on your own claim, especially if you are the survivor of a worker who died. Working a claim as a survivor often brings back the feelings of loss caused by your loved one's death. Working with an AR can make the process more manageable. Sometimes the help and support of a friend or family member makes all the difference.
However, if there are problems with the claim such as mistakes in the Statement of Accepted Facts (SOAF) or mistakes or ambiguities in your file you may want someone with specialized knowledge to help with your claim. If your file contains inaccurate information these mistakes may well multiply as the claim moves from one person to the next within DOL. This can cause a valid claim to be denied.
There are advocates and attorneys who specialize in EEOICPA claims who act as ARs, too. But keep in mind, that as in all fields, people's knowledge and experience vary. It is important to talk to the advocate or attorney to determine if they have the knowledge needed for your claim before you appoint them.
DOL assigns your claim to a Claims Examiner (CE) who will move your claim through the system. Because it was written into EEOICPA that the burden of proof is on the claimant, CEs are limited in how much they can do for a claimant. They also work under a timeline which requires the claim to move along fairly quickly. This can also dictate how much help a CE can give you. While CEs can search for medical evidence that is in your DOE work file they are not able to spend time contacting hospitals and former doctors trying to find the medical records needed to provide DOL with the evidence needed for the claim. This is the responsibility of the claimant. Many people need help with this step.
CE's are also limited in how much help they can give to prove that claimants were exposed to a toxin that caused, aggravated or contributed to their illnesses. CEs use the DOL Site Exposure Matrices (SEM) which provides some information on chemicals and toxins used at DOE facilities. The SEM is a useful tool but it is by no means complete. It is missing much vital information. Claimants need to search other sources to prove what chemicals they were exposed to. CE's will also ask a DOL toxicologist to verify that the chemicals claimants state they were exposed to can actually cause the illness. Then the CE can ask a DOL industrial hygienist (IH) to determine if it is likely the claimant would have come into contact with the chemical in a manner which would have been dangerous. Lastly, the CE can compile this information and send it to a DOL physician contractor called a District Medical Consultant (DMC) to determine whether the chemical exposure was "more likely than not a significant factor in causing, aggravating or contributing to" the illness.
Authorized Representatives do not have restrictions on the amount of help they can give you. Different ARs have different skill sets so it is important to match up an AR's skills with the help you need.
Once you have appointed an AR DOL will send the AR a copy of all letters that they send to you.
There are advocates and attorneys across the country who act as Authorized Representatives for claimants. If your claim has turned into a tangled ball of string with mistakes in your DOL file or other problems that require specialized knowledge to understand and correct, an advocate or attorney may be useful to you. It is a good idea to work under a contract with them so that there will be no misunderstandings about what they can do for you and what you will owe them for their service. If you hire an AR DOL is not responsible for paying for their services. You are. The law sets limits on the amount an AR can charge.
Unfortunately the law governing what an Authorized Representative can charge is somewhat ambiguous. The law says only that an Authorized Representative:
| Can charge 2% for initial services provided in connection with initial filing of a claim |
| Can charge 10% for services provided in all matters related to objections to a recommended decision |
| Has no limit on what can be charged for services provided in relation to EEOICP after the final decision |
Some of the ways an Authorized Representatives can help you:
| Help you find the medical evidence needed for your claim |
| Look through your medical records for additional compensable illnesses |
| Review your DOL, NIOSH, and DOE files for information DOL missed |
| Represent you in a Hearing before the Final Adjudication Branch (FAB) |
| Help you prepare for a FAB Hearing |
| Make factual or legal arguments to DOL |
| Discuss specifics of your claim with NIOSH or DOL for you |
|
Help you manage the timelines DOL has Help you with your responses to DOL letters |
| Explain what DOL and NIOSH letters and other documents mean |
| Help you evaluate your claim |
| Help your doctors understand what DOL needs from them |
| Other things depending on your needs |
Some things an Authorized Representative cannot do:
| Sign documents for you without a DOL approved Power of Attorney |
| Receive payment directly from DOL without special arrangement |
| Promise that the claim will be paid |