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ENERGY EMPLOYEES CLAIMANT ASSISTANCE PROJECT

 

 

Office (937) 767-2890

DOL Information

Working on an EEOICPA claim can be extremely tedious and frustrating especially when you feel you don't have all the information you need to do a good job.  EEOICPA is an extremely complex program with many different requirements.  EECAP is posting some references from DOL to try and fill some of the gaps claimants and advocates run across when working on a claim.

DOL announces that 17 uranium mills have been added as DOE facilities.  Workers from these sites are eligible to apply for parts B and E benefits under EEOICPA.  In addition Vitro Manufacturing, Durango Colorado's Uranium Mill,  and Monticello Utah's Uranium Mill have had their covered periods extended.  Thanks to ANWAG the story has been picked up by the Grand Junction Daily Sentinel and Channel 9 News.

Recently there has been some confusion within EEOICPA on whether certain x-ray reports are valid or not.  Some claimants have had their "b-reads" refused if the technician did not sign the report.  NIOSH's Dr. Howard clarified the issue for ANWAG.  If you have had this problem, please contact ANWAG or EECAP for help.

DOL Reports used to Adjudicate Claims

DOL uses several types of different experts to determine whether a claim will be paid.  DOL can rely on a District Medical Consultant (DMC) report, an Industrial Hygienist report or a Toxicologist report to advise  whether the evidence the claimant sent DOL meets the standard of "at least as likely as not" that the claimant's exposures to toxins "caused, contributed to, or aggravated" the claimant's illness. 

It can be very useful to study these reports to see DOL's experts' opinions.  EECAP has begun a project to provide access to these reports online.  If you have a report you would like to send to us, please redact it and send it to EECAP, along with a brief statement that you give us permission to place the redacted report on the website.

DMC Reports

2006 Asbestosis-DMC denial
2006 Respiratory-DMC Impairment rating of 25%
2007 Pneumonoconiosis-DMC approval; CBD-denial
2009 Leiomyosarcoma-DMC denied
2009 COPD-DMC approval; Bladder & Skin Cancer-denial
2009 Thyroid Disease-DMC denial
2011 Chronic Beryllium disease-DMC denial
2011 COPD-DMC denial
2011 COPD-DMC denial

Toxicologist Reports

2010 Glioblastoma Toxicologist-no link
2011 Glioblastoma Toxicologist-no link

DOL Accountability Reviews

Since at least 2008 DOL has been reporting on the way claims are being administrated in yearly Accountability Reviews for each District Office and Final Adjudication Board.  An ANWAG member recently sent us copies of some of these reports obtained through a Freedom of Information Act request.

Cleveland District Office 2009 Accountability Review Results Summary
Cleveland District Office 2011 Accountability Review
Cleveland Final Adjudication Board 2008 Accountability Review
Cleveland Final Adjudication Board 2009 Accountability Review Results Summary
Denver District Office 2009 Accountability Review Results Summary
Denver District Office 2010 Accountability Review
Denver Final Adjudication Board 2008 Accountability Review
Jacksonville District Office 2008 Accountability Review
Jacksonville District Office 2009 Accountability Review
Jacksonville District Office 2010 Accountability Review
Jacksonville Final Adjudication Board 2008 Accountability Review
Jacksonville Final Adjudication Board 2009 Accountability Review
Seattle District Office 2008 Accountability Review
Seattle District Office 2009 Accountability Review Results Summary
Seattle District Office 2011 Accountability Review

DOL's Website

DOL offers quite a bit of information about the administration of EEOICPA on their website.  However some DOL information is harder to find.  Here are some additional DOL resources claimants and advocates might find useful.

DOL Forms Commonly used by Claimants:
Employee Claim Application
Survivor Claim Application
Worker's Employment History
Form for Verifying the Employment History of Someone Other than Yourself 
Employment Verification form
Medical Requirements for Proving an Illness
Health Insurance Claim form
Reimbursement for Medical Expenses for an Accepted Illness
Billing form for Medical Expenses
Medical Travel Refund Request form
Claimant Statement that NIOSH has been provided with All Information Claimant's Possesses 

Other DOL forms:

DEEOIC Case Transfer Sheet
Overpayment Recovery Questionnaire
Smoking History Request form
Ethnicity Request form
Claim for Additional Wage Loss or Impairment form
Dose Reconstruction Consent form
Workers’ Compensation Claims form
Acceptance of Payment form
Authorization to Obtain Earnings Data from Social Security Administration form
Employment Verification Referral form
Employment Response Report
Freedom of Information Act Request form
Privacy Act Record System Log of Disclosures form
Form used to refer Claim to NIOSH
Instruction Form used to refer Claim to NIOSH
Part E Wage Loss Worksheet # 1
Part E Wage Loss Worksheet # 2
Part E Wage Loss Worksheet # 3
Payment Transaction form
Payment Transaction form for Exception Processing
Payment Cancelation form
Expedited Case for Terminally Ill Claimant
Authorized Representative form
SEC Class Screening Worksheet

 EEOICPA Ombudsman's Office

The Office of the Ombudsman for the Energy Employees Occupational Illness Compensation Program was created in 2004 to provide information and address claimants' concerns.  The Ombudsman also submits Annual Reports to Congress

DOL's District Medical Consultant's Handbook

DOL contracts with doctors across the country to assist in determining how claimant medical records should be interpreted.  The DMC Handbook spells out how these doctors need to interpret the information.

DOL Basic Claims Examiner Training Course

On May 11, 2010 EECAP requested a copy of the handbooks for Claims Examiners, Hearing Officers, and Industrial Hygienists.  We received a partial training manual for Claims Examiners on August 25, 2011.  The material EECAP was provided is missing Chapters 3 and 9 and EECAP plans on appealing the response in an effort to get a copy of the missing chapters.  EECAP will post the corrected chapters when they are received.

Chapter 1: Overview of Energy Employees Occupational Illness Compensation Program-Program Background, Structure and Philosophy
Chapter 2: Overview of Part B, Part E and Radiation Exposure Compensation Act (RECA)
There is no Chapter 3.  This was a placeholder for a chapter on FOIA which was never developed.
Chapter 4: DEEOIC Claims Process and ECMS Overview
Chapter 5: Initial Development 
Chapter 6: Verifying Employment
Chapter 7: Establishing Survivorship under EEOICPA
Chapter 8: Developing for Medical Conditions Cancer & Silicosis
Chapter 9: Chronic Beryllium Disease and Beryllium Sensitivity
Chapter 10: Part E-Developing for Exposure
Chapter 11: Site Exposure Matrix (SEM) Overview and Demonstration
Chapter 12: Developing for Causation
Chapter 13: Radiation Exposure Compensation (RECA)
Chapter 14: Part E Wage Loss Benefits
Chapter 15: Deducting Payments Received for Final Judgments/Settlements
Chapter 16: State Workers' Compensation
Chapter 17: Issuing Recommended Decisions
Chapter 18: The Final Adjudication Branch (FAB)
Chapter 19: Decision Coding 
Chapter 20: Part E Impairment Benefits
Chapter 21: Consequential Illness and Injury
Chapter 22: Overview of Medical Bill Payment Processing
Chapter 23: Reopening a Claim
Chapter 24: DEEOIC Final Adjudication Branch Hearing Training