How is my EEOICPA claim processed? 

U.S Department of Labor

Division of Energy Employees Occupational Illness Compensation 

https://www.dol.gov/agencies/owcp/energy

I have filed an EEOICPA claim, under Part B, Part 

E or both. What happens next?

The Division of Energy Employees Occupational 

Illness Compensation (DEEOIC) provides benefits to 

atomic weapons industry workers who developed 

illnesses linked to their employment. To do that, 

DEEOIC staff must assemble a case file containing 

evidence that shows your eligibility for 

compensation and benefits. Our claims examiners 

(CEs) will work with you to obtain the necessary 

evidence and also assist in obtaining certain 

evidence from other sources. Once all the evidence is 

collected and analyzed, the CE will issue a 

Recommended Decision to accept or deny your 

claim. You have appeal rights if you disagree with 

the Recommended Decision. 

What evidence is required for my claim to be 

accepted?

Your case file must contain evidence of covered 

employment, a diagnosed medical condition, an 

eligible survivor, if the employee is deceased, and 

causation. Causation means a demonstrated 

relationship between the employment, exposures 

and the diagnosed condition. Part B and Part E have 

different standards for causation. 

What is the claims process?

After a claim is filed, the resource center may 

contact you to complete an Occupational History 

Questionnaire (OHQ), which is information 

pertaining to your covered employment. Once the 

OHQ is completed, the resource center forwards the 

information to your assigned CE at the district 

office. During the adjudication process, the CE may 

request documentation from you regarding 

employment, medical, or other necessary evidence 

and you will be given 30 days from the date of these 

letters to submit this information. 

You may continue to refer any questions you may 

have to the resource center, or to your CE, 

throughout the process. 

What kind of employment is considered to be 

covered employment? How is this verified?

Current and former workers at certain covered 

facilities during specified time periods may be 

eligible for EEOICPA benefits. The Department of 

Energy maintains a list of covered facilities. 

Part B and Part E cover different types of employees:

 Part B covers employees of: the Department of Energy

(DOE); DOE contractors and subcontractors; Atomic

Weapons Employers (AWEs); and designated

beryllium vendors. Radiation Exposure Compensation

Act (RECA) Section 5 employees are also eligible.

 Part E covers DOE contractor and subcontractor

employees. RECA Section 5 employees may also be

covered. DOE federal employees, contractors at AWE

facilities and beryllium vendors are not covered.

Employment evidence includes contracts, pay stubs, W2s, 

etc. Your CE will also verify the claimed employment with 

the DOE, a corporate verifier, the Social Security 

Administration, or other organizations. Statements from 

coworkers supporting employment during a covered time 

period may also be submitted to support the claimed 

employment. As necessary, your CE will work with you to 

obtain employment records that you may possess. 

What medical conditions may be compensable under Part 

B and Part E?

 Part B covers cancer, chronic beryllium disease (CBD),

beryllium sensitivity (medical monitoring only),

chronic silicosis and RECA (Section 5) illnesses.

Precancerous conditions are not covered by Part B.

 Part E covers any diagnosed illness linked to toxic

exposures at DOE facilities, including Part B illnesses.

Your CE may ask you to submit additional medical 

information if diagnoses of your claimed conditions are 

not in the file or to aid in determining causation. 

What are the medical requirements for a cancer claim? 

The evidence must contain a diagnosis of cancer by a 

qualified medical doctor and an initial date of diagnosis. 

Precancerous conditions are not covered under Part B, but 

may be covered under Part E. 

How is causation shown in a cancer claim?

 When a cancer diagnosis and employment have been

verified, the claim materials are sent to the National

Institute for Occupational Safety and Health (NIOSH)

for a dose reconstruction under Part B.

 Special Exposure Cohort (SEC): for certain claims

where designated facilities and employment criteria

are met and the employee has one of 22 specified

cancers, the employee is considered a member of the

SEC. For SEC members with specified cancer,

causation is presumed.
How is my EEOICPA claim processed? 

U.S Department of Labor

Division of Energy Employees Occupational Illness Compensation 

https://www.dol.gov/agencies/owcp/energy

What is the Part B NIOSH process?

 NIOSH receives the referral from DOL, and:

 Interviews the employee or the survivors;

 Performs a dose reconstruction; and

 Sends the dose reconstruction information

to the claimant for review. 

 DOL applies the results of the dose

reconstruction to determine the Probability of

Causation (POC).

 If the POC is 50% or greater, the CE accepts the

claim under Part B.

 The dose reconstruction process may take time.

 DOL cannot proceed with the cancer claim

adjudication under Part B until the dose

reconstruction report is received from NIOSH.

How is causation shown under Part E?

Under Part E, evidence must show that toxic 

exposures at DOE facilities were significant in 

causing, contributing to or aggravating the claimed 

condition. Your CE will use a variety of tools to 

establish this connection, including information 

from the DOE about the facility, information in the 

Site Exposure Matrices (SEM) database developed 

by DOL, and referral to a physician, industrial 

hygienist or toxicologist. Your CE may also ask for 

any information you may have on this issue. 

Under Part E, where the employee is deceased, his 

or her death must also be related to the claimed 

condition in order for any survivor claim to be 

accepted. 

Who may be eligible survivors under Part B and 

Part E of the EEOICPA?

Eligible survivors are different under Part B and Part 

E. Under Part B, eligible survivors are:

 Spouse (married to employee at least one year

prior to employee’s death), children, parents,

grandchildren and grandparents, in that order.

Under Part E, eligible survivors are limited to: 

 Spouse (married to employee at least one year

prior to employee’s death); and

 Covered Child – natural child, stepchild, or

adopted child who lived with the deceased

employee in a parent-child relationship who, at

the time of the employee’s death, was:

 Under 18 years of age; or

 Under 23 years of age and a full-time

student; or 

 Any age and medically incapable of self support.

Parents, siblings, self-supporting adult children and other 

relatives are not eligible survivors under Part E. 

What is the Recommended Decision?

When your claim file is complete and the CE has analyzed 

all available information, the CE will issue you a 

Recommended Decision (RD) to accept or to deny your 

claim. The RD explains the basis for the proposed decision 

to accept or deny. The RD is forwarded to the Final 

Adjudication Branch (FAB) for review and issuance of a 

final decision. 

What benefits will I receive if my claim is accepted under 

Part B? 

 $150,000 to employees or eligible survivors.

 $50,000 to RECA Section 5 uranium workers who

received $100,000 from the Department of Justice.

 Medical benefits for accepted conditions.

 Medical monitoring for beryllium sensitivity.

What benefits will I receive if my claim is accepted under 

Part E?

Up to $250,000 in compensation may be available under 

Part E. Compensation differs for employees and survivors. 

Covered Part E employees receive: 

 Medical benefits for the accepted conditions;

 Impairment compensation ($2,500 for each

percentage of whole body impairment caused by a

covered illness); and

 Wage loss compensation ($10,000 or $15,000 per

year of eligible wage loss).

Eligible survivors (employee death related to or caused by 

covered illness) receive: 

 $125,000 lump sum compensation payment

 Additional wage loss of $25,000 or $50,000, if

applicable

Additional information for employees on the process for 

claiming impairment and wage loss will be provided 

when a RD accepting your Part E claim is issued. 

What if I disagree with the Recommended Decision?

If you disagree with the RD, you may exercise your right 

to object and/or request a hearing through the Final 

Adjudication Branch (FAB). Information on the hearing 

process will be provided along with your RD. A FAB final 

decision may be appealed to federal court. 

Please do not hesitate to contact your resource center or 

CE with any further questions you may have.