Ideas
to Improve Your Claim
Keep copies of all EEOICPA mailings to and from DOL and NIOSH in a three-ring binder for quick reference. Or if you prefer, scan all documents into your computer and store there.
Put all requests to DOL or NIOSH in writing. When either agency gives you a verbal answer to a question ask them to put it in writing as well. Verbal statements are worth the paper they are written on. In case you need to take your claim to appeal you will want a clear paper trail.
When you mail anything important to DOL or NIOSH send it by certified mail and then put the receipts in your binder. These are large agencies and things can get lost.
Never mail originals of any documents; send only copies.
When you file your claim, file a Freedom of Information Act (FOIA) request with the Department of Energy (DOE) and request a copy ALL your records. Department of Labor (DOL) does not request all your records. Sometimes interesting and useful records have been misfiled. Sometimes useful information is in the records DOL did not request. You won't know what is in your record unless you look.
If your claim has been in process for a while, request a copy of your administrative record from DOL. This will contain everything that DOL has on your claim, including internal communications. This may help you identify errors that have been made on your claim.
For Part E claims look at DOL's Site Exposure Matrix for your facility. While the SEM is incomplete it does offer a good place to start researching what toxins were on your site. The more information you can get from the SEM the more you will learn what toxins and radionuclides you may have been exposed to.
Review as many documents from your site for the time period you worked there as you can locate. These documents are invaluable when it comes to documenting your exposure. DOL does not have all exposures documented. When you find a toxin or radionuclide you likely were exposed to, copy the document, noting the page number and site identifier of the document. Organize these and send them to DOL. Then also send a copy of all radionuclide exposure to NIOSH.
If you get a draft dose reconstruction from NIOSH it will have a form OCAS-1 with it. NIOSH will tell you that you need to sign and return this form within 60 days or DOL will close the claim. If you feel that you need to do more research to improve your claim, write to DOL and tell them you are actively pursuing additional information on your claim and that you would like to put the claim on hold while you look. This will keep DOL from closing your claim and give you more time to investigate.