Energy Employees Occupational Illness Compensation 

Program Act (EEOICPA) 

Information for Claimants Regarding Representative Services 

Under 20 C.F.R. §§ 30.600 and 30.601, a claimant may authorize any person, not otherwise 

prohibited by law, to represent him or her on a claim filed under the EEOICPA. You do not 

have to be represented in order to file a claim or receive payment. However, should you choose to

have another person represent you on your claim, please note the following: 

Exclusive Representation - If you choose to have an authorized representative (AR), you may 

appoint only one person at a time. 

Authorization in Writing - Any appointment must be in writing. You may appoint an AR by 

filling out an Authorization for Representation/Privacy Act Waiver (available from your claims 

examiner). Your request should include the representative’s full name, telephone number and 

address. Your claims examiner (CE) must obtain a copy of the written appointment of an AR 

before taking any action at the representative’s direction. Once you appoint an AR, the CE 

contacts the representative by letter to acknowledge the appointment and describe the extent to

which the representative has an active role in the claims process.

Length of Appointment – The Division of Energy Employees Occupational Illness Compensation

(DEEOIC) recognizes the authority of a properly appointed AR throughout the entire claims

process (including any hearing), unless or until you withdraw the appointment.

Authorized Representative’s Role - Unless your authorization specifies otherwise, a properly 

appointed AR has the authority, to the same extent as you do, to receive correspondence, present 

or seek evidence, obtain information from the case file, argue factual or legal issues and exercise 

appeal rights pertaining to the claim while under the jurisdiction of the DEEOIC. An AR does not

have authority to sign the EN-20 unless he or she has also been granted power of attorney. 

Notice Requirements - Any notice requirement in the Act or the regulations is fully satisfied if a 

notice is served on an AR; i.e., it has the same effect as a notice served on the claimant. If the 

correspondence indicates that a response is warranted or additional information is required, it is 

expected that the AR will contact you to make the necessary arrangements. 

Representative Fees – An AR may charge you a fee for costs associated with his/her activities 

regarding the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). 

The claimant is solely responsible for paying any fee or other costs associated with the actions of a

representative. The DEEOIC will not reimburse you, nor is it liable for the amount of any fee and 

other costs relating to an agreement between you and your representative.

U.S Department of Labor Office of Workers’ Compensation Programs

Division of Energy Employees Occupational Illness Compensation

https://www.dol.gov/agencies/owcp/energy
Permissible Charges - Under the regulations implementing 42 U.S.C. § 7385g, an AR is permitted to 

charge an appropriate fee for services related to a claim before DEEOIC. Maximum fee limitations 

apply even if the claimant and AR have agreed to other amounts in a contract or otherwise. The 

maximum allowable percentage of a payment of lump-sum compensation that can be collected as a fee 

is as follows: (1) two percent (2%) for the filing of an initial claim with DEEOIC, provided that the

representative was retained prior to the filing of the initial claim; plus (2) ten percent (10%) of the 

difference between the lump-sum payment made to the claimant and the amount proposed in the 

recommended decision with respect to objections to a recommended decision. 

Conflicts of Interest - The duty of an AR under the EEOICPA is to the appointing claimant. This focus

can be diminished if the appointed AR has a private non-representative financial interest other than his

or her fee for serving as an AR. If your AR can benefit financially from your claim due to something 

other than the statutorily limited fee for representing you, then there is a prohibited conflict of interest. 

An AR will be considered to have a prohibited conflict of interest if, for example, in addition to being 

an AR, he/she is also being paid by DEEOIC, directly or indirectly, as a provider of authorized medical 

services, durable goods, or home health care services. In these instances, the AR is required to notify 

DEEOIC and withdraw as representative. NOTE: A spouse or family member serving as an 

authorized representative is not considered to have a conflict of interest merely because of the fact that

they are assisting the employee to obtain medical or lump sum compensation; however, a spouse or 

family member who is being paid by DEEOIC for home health care services may not serve as an AR. 

Power of Attorney - A person with power of attorney to act in the name of the claimant is known as an 

“attorney-in-fact.” The authority of an attorney-in-fact depends on the language used in the written 

instrument delegating such authority. Power of attorney may authorize a person to take a variety of 

actions, such as speaking with district office staff, signing documents and forms, signing the EN-20, etc. 

An attorney-in-fact may also appoint an AR to act on behalf of the attorney-in-fact. When that 

happens, DEEOIC will only recognize and communicate with the AR. 

Privacy Act Waivers - Privacy Act waivers grant DEEOIC permission to copy documents from the case

file and send them to a person of the claimant’s choosing. This person may be anyone the claimant 

wishes to receive material from the file. The designated person will have no authority to make requests 

for additional information or sign documents on behalf of the claimant, unless the claimant submits 

additional documentation showing that the designee has such authority. 

Personally Identifiable Information (PII) - PII is defined as information which can be used to 

distinguish or trace an individual’s identity. Protected PII is defined as PII whose disclosure could 

result in harm to the individual whose name or identity is linked to that information. Examples 

include, but are not limited to, your social security number, residential address, telephone number,

date of birth, place of birth, mother’s maiden name, medical records, financial records, criminal 

records, credit card number, or bank account numbers. Federal employees and contractors adhere to 

certain rules of conduct in safeguarding claimants’ sensitive data including PII and are subject to

corrective actions for failure to do so. You should discuss your expectations for protecting your PII 

with your AR since he or she will be handling your records and will have access to a portion of your 

sensitive data. Remind your AR that any information posted to his or her website should include 

redaction of sensitive data for security purposes. 

U.S Department of Labor Office of Workers’ Compensation Programs

Division of Energy Employees Occupational Illness Compensation

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