FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1200 

Part 2 – Claims Establishing Survivorship 

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TABLE OF CONTENTS 

Paragraph and Subject Page Date Trans. No. 

Chapter 2-1200 Establishing Survivorship 

 Table of Contents. . . . . . . . . i 08/09 09-07 

 1 Purpose and Scope. . . . . . . . . 1 08/09 09-07 

 2 Policy . . . . . . . . . . . . . . 1 08/09 09-07 

 3 Eligible Survivors . . . . . . . . 1 08/09 09-07 

 4 Filing a Claim for 

 Survivor Benefits. . . . . . . . 2 08/09 09-07 

 5 Developing a Survivor Claim. . . . 2 08/09 09-07 

 6 Simultaneous Development . . . . . 11 08/09 09-07 

 7 Issuing Recommended 

 Decisions. . . . . . . . . . . . 12 08/09 09-07 

 8 Survivor Issues During 

 the Payment Process. . . . . . . 13 08/09 09-07 

 9 Multiple Payments, Part B. . . . . 16 00/09 09-07 

10 Survivor Compensation, Part E. . . 16 08/09 09-07 

11 Maximum Aggregate Compensation, 

 Part E . . . . . . . . . . . . . 17 08/09 09-07 

12 Alternative to Filing a Survivor 

 Claim, Part E. . . . . . . . . . 17 08/09 09-07 

Exhibits 

 1 Sample Letter to Potential 

 Survivor Advising of Right to 

 File Claim. . . . . . . . . . . . 08/09 09-07 

 2 Sample Acknowledgement Letter . . . 08/09 09-07 

 3 Sample Determination Letter . . . . 08/09 09-07

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1. Purpose and Scope. This chapter contains procedures for 

the development and review of survivor claims under Parts B and 

E of EEOICPA. It also describes the process followed when a 

non-covered spouse or child opts for the alternative to filing a 

Part E claim. 

2. Policy. The Claims Examiner (CE) is responsible for 

processing survivor claims and ensuring that benefits are 

properly paid to eligible survivors under the provisions of 42 

U.S.C. 7384s(e) and 7384u(e) for Part B and 42 U.S.C. 7385s1(2), and 7385s-3 for Part E. 

3. Eligible Survivors. If an employee eligible for EEOICPA 

benefits dies before his or her claim is accepted and/or before 

compensation is paid, one or more of the employee’s survivors 

may file a claim for compensation under EEOICPA. Whenever a 

survivor files a claim, the CE is responsible for adjudicating 

the claim(s) and processing any compensation which may be 

payable in the order of eligibility. 

a. Part B Claim. In Part B claims, compensation payable 

to eligible survivors may be made in the following order: 

spouse, children, parents, grandchildren, and grandparents 

of the deceased covered Part B employee. 

b. Part E Claim. In Part E claims, claimants eligible 

for compensation benefits are: spouse and children of the 

deceased covered Part E employee who were under the age of 

18 years at the time of the employee’s death, or under the 

age of 23 years and a full-time student at the time of the 

employee’s death, or any age and incapable of self-support 

at the time of the employee’s death. 

Unlike under Part B, the following claimants are not 

eligible for survivor’s benefits under Part E: adult 

children (with the exception of those incapable of selfsupport at the time of the covered Part E employee’s 

death), parents, grandchildren, and grandparents of the 

deceased covered Part E employee. 

c. Conviction for Fraud. A person convicted of fraud in 

the application for or receipt of benefits under EEOICPA or 

any other federal or state workers’ compensation law 

forfeits any entitlement to EEOICPA benefits for any 

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3. Eligible Survivors. (Continued) 

occupational illness or covered illness due to an exposure 

on or before the date of the conviction. 

4. Filing a Claim for Survivor Benefits. A claim for survivor 

benefits must be in writing. Form EE-2 should be used for this 

purpose, but any written communication that requests survivor 

benefits under the Act will be considered a claim. The survivor 

will, however, need to submit a Form EE-2 for DEEOIC to fully 

develop the claim. 

a. Acting on Survivor’s Behalf. A person other than the 

survivor may file the survivor’s claim with DEEOIC. In the 

case of a minor child, it is preferable that a parent or 

legal guardian complete the form on the child’s behalf. A 

legal guardian is a person with the responsibility for 

providing care and management of a child and his or her 

affairs. 

b. No New Part E Claim Needed. There is no need for a 

survivor to file a new claim for benefits under Part E when 

there is an existing accepted Part B claim, or when the 

survivor filed a Part D claim (Form 350.2) with DOE as long 

as the accepted condition under Part B was causally related 

to the employee’s death. 

c. Claiming for Conditions Where Offset Not Required. In 

filing for benefits, the survivor may choose to claim only 

for those occupational illnesses or covered illnesses for 

which a payment has not been received as a result of 

litigation seeking damages that would require an offset of 

EEOICPA benefits. 

Also, under Part E only, the survivor may choose to claim 

only those covered illnesses for which a payment has not 

been received from a state workers’ compensation program 

that would require coordination of EEOICPA benefits. 

5. Developing a Survivor Claim. 

a. Any Survivor. The CE takes the following steps to 

determine whether the survivor is eligible for 

compensation. 

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5. Developing a Survivor Claim. (Continued) 

(1) Verify the death of the employee. Verification 

must include a copy of the employee’s death 

certificate. 

(a) Some states have implemented electronic 

upload of death certificates. An electronic 

death certificate may be used to establish the 

death of the employee. To be acceptable, the 

electronic death certificate must list the 

certifying physician along with a license number. 

The license number will be considered to be the 

electronic signature. 

(2) Establish that the person named as the employee 

had a compensable illness and covered employment under 

EEOICPA. Under Part E, the CE must also establish 

that the employee’s covered illness aggravated, 

contributed to, or caused his or her death. This 

development may occur simultaneously with the 

development for survivor entitlement. 

(3) Establish the relationship of the survivor to the 

covered employee. Along with a completed Form EE-2, 

the claimant must document his or her relationship to 

the covered employee. If documentation is not 

submitted with the claim, the CE writes to the 

claimant requesting the necessary evidence. 

b. Surviving Spouse. Documentation consists of a copy of 

the marriage certificate issued or recognized by a State 

Authority or an Indian Tribe Authority. A “Certificate of 

Blessing of Marriage” from a church is not considered the 

equivalent of a marriage certificate. 

To be an eligible surviving spouse, the spouse must have 

been married to the employee for one year immediately prior 

to the death of the employee. One year immediately prior 

to the employee’s death includes the date of marriage 

through the day prior to the date of death. 

For example, if an employee married on September 4, 2004 

and died on September 3, 2005, the CE does not include 

September 3, 2005 when calculating the required 365-day 

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5. Developing a Survivor Claim. (Continued) 

term. The CE counts each calendar day from September 4, 

2004 up through and including September 2, 2005. 

(1) A marriage license should not be used to validate 

a marriage. The case file must contain sufficient 

evidence of a legal marriage (e.g., marriage 

certificate), under the applicable state law. 

(2) The surviving partner in a relationship where the 

couple lived together in a common-law marriage is 

considered a spouse of the deceased employee if the 

relationship meets the criteria for establishing a 

common-law marriage in the state of residence. As a 

general rule, the existence of a common-law marriage 

is determined by the local law of the state that has 

the most significant relationship to both spouses and 

to the alleged marriage. The CE must request 

documentation from the claimant providing proof of 

general reputation of marriage in the community, 

continuous cohabitation as husband and wife, and being 

so treated and reputed in the community as husband and 

wife. The CE must document in the case file the 

requirements used to establish a common-law marriage. 

(a) Evidence which may be used to document a 

common-law marriage may consist of affidavits 

asserting that the couple lived together as 

husband and wife in a particular state and 

presented themselves in the community as husband 

and wife. 

(b) Other probative evidence includes, but is not 

limited to joint tax returns, joint checking or 

savings accounts, joint mortgage statements, 

joint deeds and tax statements are also helpful. 

(c) The CE sends the evidence obtained to the 

National Office, Policy Branch (for possible 

submission to the Solicitor’s Office) for a 

decision on the status under the rules of the 

local law in the qualifying state. 

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5. Developing a Survivor Claim. (Continued) 

c. Surviving Child. A “child” of an individual under 

Parts B and E of the EEOICPA can only be a biological 

child, a stepchild, or an adopted child of that individual. 

A person who is or was only a “dependent” of an individual, 

but does not fit within the above definition of a “child” 

of that individual, is not a “child” for the purposes of 

the compensation program established by EEOICPA. 

The term “biological child” is broad and encompasses all of 

the types of individuals about whom there is either an 

undisputed presumption or affirmative proof regarding their 

genetic link to an individual. A “biological child” of an 

individual is any of the following: 

1. A legitimate (born of married parents) child born 

while the individual is still living. 

2. A legitimate child conceived while the individual is 

still living, but born after he/she has died (these 

persons are commonly referred to as “posthumous” 

children). 

3. An illegitimate (born of unmarried parents) child born 

while the individual is still living, whether or not 

the individual ever “recognized” the person as a 

child. 

4. An illegitimate child conceived while the individual 

is still living, but born after he/she has died. 

All of these children are biological children, but those 

described in 3 and 4 above may have to prove that status 

through DNA or other types of evidence. In addition, there 

may be disputes between alleged children where such 

evidence is submitted in an effort to refute the presumed 

genetic link of a person described in 1 and 2 above. 

However, if there is uncertainty regarding the evidence 

submitted in support of a dispute regarding the genetic 

link between a deceased covered employee and a claimant 

alleging to be that individual’s “child,” the matter should 

be referred to the Policy Branch for guidance and possible 

referral to the Solicitor’s Office. 

To be a “covered” child under Part E only, the child must 

also have been, as of the date of the employee’s death, 

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5. Developing a Survivor Claim. (Continued) 

either under the age of 18 years, or under the age of 23 

years and a full-time student who was continuously enrolled 

in one or more educational institutions since attaining the 

age of 18 years, or any age and incapable of self-support 

regardless of their marital status. 

Documentation to support a surviving child’s claim includes 

a copy of the child’s birth certificate or an adoption 

certificate. If a birth or adoption certificate is not 

available, the CE obtains any evidence possible to 

establish the parent-child relationship. The CE must 

exercise discretion in reviewing the documentation provided 

and base the adjudication on logical rationale. 

(1) Where the claimant claims to be a child of the 

deceased employee and the birth certificate does not 

list the deceased employee as the father or mother of 

the claimant, the CE must further develop the issue. 

Children who can provide evidence that they were 

living in a parent-child relationship with the 

employee are covered under the EEOICPA. Examples of 

supporting evidence include a paternity/maternity 

test, the death certificate listing the claimant as 

the child of the deceased employee, an obituary 

listing the claimant as the child of the deceased 

employee, affidavits from family members attesting to 

the child’s paternity/maternity, life insurance 

policies listing the claimant as the deceased 

employee’s child, employment or tax records listing 

the claimant as the deceased employee’s child, and any 

other document in which the deceased employee 

recognized the claimant as his or her child. 

In this instance, the CE must use his or her 

discretion in reviewing any evidence received to 

support paternity/maternity and weigh all evidence 

received in its totality. 

(2) Additional eligibility may extend to a biological 

child of the deceased employee who is not a biological 

child or adopted child of the covered spouse. For a 

non-spousal child to be eligible under Part B only, 

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5. Developing a Survivor Claim. (Continued) 

the child must be a minor at the time of payment. For 

a non-spousal child to be eligible under Part E only, 

the child must be living at the time of payment and 

must meet the requirements for a “covered” child under 

Part E (i.e., be under the age of 18 at the time of 

the employee’s death, between the ages of 18 and 23 

and continuously enrolled as a full-time student since 

attaining the age of 18, at the time of the employee’s 

death, or any age and incapable of self-support at the 

time of the employee’s death). 

d. Stepchildren. Survivor claims involving stepchildren 

will be adjudicated by the District Offices (DO) unless 

there is an issue that cannot be determined by the CE. 

(1) Determinations as to whether a stepchild lived in 

a regular parent-child relationship will be made once 

the CE receives specific documentation from the 

stepchild supporting the relationship. The stepchild 

must have been living in a parent-child relationship 

with the employee at the time of the employee’s death. 

(2) Documentation supporting a regular parent-child 

relationship may include school records (e.g., report 

card) listing the employee as having a familial 

relationship to the step-child, tax returns showing 

that the covered employee claimed the stepchild as a 

dependent, photographs taken at family gatherings, 

newspaper articles, obituaries, insurance policies 

listing the stepchild as the son or daughter of the 

covered employee, wills, or any other documents that 

refer to the stepchild and the deceased employee in a 

familial way. 

(3) Where a stepchild was an adult at the time of the 

deceased employee’s marriage, supporting evidence may 

consist of documentation showing that the stepchild 

was the primary contact in medical dealings with the 

deceased employee, the stepchild provided financial 

support for the deceased employee, and/or provided 

housing for the deceased employee, etc. 

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5. Developing a Survivor Claim. (Continued) 

In addition, evidence consisting of medical reports, 

letters from the physician, or receipts showing that 

the stepchild purchased medical equipment, supplies or 

medication for the employee may be helpful. Also, 

evidence such as copies of insurance policies, wills, 

photographs (e.g., attendance in the stepchild’s 

wedding as the father or mother), and newspaper 

articles (e.g., obituary) may be considered. These 

items of evidence will be considered on a case-by-case 

basis and each should be weighed together to fully 

evaluate the eligibility of the survivorship claim. 

(4) In claims involving a divorce between the 

biological parent and the stepparent, the dissolution 

of the marriage does not terminate the parent-child 

relationship for eligibility purposes. 

(5) There is no minimum time requirement for a 

stepchild to have lived in the same household as the 

covered employee. To determine if the stepchild 

fulfills the requirement to have “lived with” the 

employee, the CE/FAB representative must consider the 

above information in conjunction with the following: 

(a) Did the stepchild visit the employee during 

the holidays? 

(b) Did the stepchild take care of the employee 

for days at a time? 

(c) Is it logical that the stepchild and 

employee stayed at one another’s home at any 

given time? 

(6) The CE or FAB representative must consider the 

totality of the evidence when determining whether the 

stepchild qualifies, and explicitly discusses the 

findings in the Recommended and/or Final Decisions. 

 e. Student Status, Part E Only. To be considered a fulltime student at the time of death, the child must have been 

continuously enrolled as a full-time student in one or more 

educational institutions since attaining the age of 18 

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5. Developing a Survivor Claim. (Continued) 

 years and must not have reached the age of 23 years, 

regardless of marital status or dependency on the employee 

for support. 

(1) Enrollment as a full-time student generally 

consists of a 12-month period, with a break of no more 

than four months, during each year of post high school 

education. 

(2) If the child’s status as a full-time student is 

uncertain, the CE consults the academic institution to 

determine what it considers to be the minimum number 

of hours required to qualify as “full-time” (versus 

part-time), as this may differ among institutions. 

(3) With certain programs such as co-op, intern, or 

graduate school programs, while the student might not 

actually be enrolled in any courses for a particular 

term, he or she could still be “registered” as a fulltime student while fulfilling other requirements of 

the program. 

(4) If a student is prevented by reasons beyond his or 

her control, such as a brief but incapacitating 

illness, from continuing in school for a period of 

reasonable duration, the CE has discretion to 

determine whether the student’s status as a 

continuously enrolled full-time student should be 

preserved. A suspension from school for a limited 

period should not affect the child’s status as a 

continuously enrolled full-time student. 

(5) However, leaving school to care for a sick 

parent/employee, or because of a lack of funds to pay 

for school as a result of a parent/employee’s illness, 

is not a sufficient basis to maintain the child’s 

status as a continuously enrolled full-time student. 

(6) Documentation to support eligibility includes 

transcripts from the accredited educational 

institution(s), school records, and affidavits. 

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5. Developing a Survivor Claim. (Continued) 

f. Incapable of Self-Support, Part E Only. In order to be 

deemed eligible for Part E benefits as a covered child who 

was medically incapable of self-support at the time of 

death, the child must have been physically or mentally 

incapable of self-support, regardless of marital status or 

dependency on the employee for support, or the temporary or 

permanent nature of the incapacity. 

(1) A child is incapable of self-support if his or 

her physical or mental condition is such that he or 

she is unable to obtain and retain a job, or engage in 

self-employment that provides a sustained living wage. 

(2) This determination must be based on: 

(a) Medical evidence documenting that the child 

has been diagnosed with a medical condition; 

(b) Medical evidence that he or she is 

physically/emotionally incapable of self-support 

(i.e., not self-sustaining); and 

(c) Other evidence establishing that he or she 

has been unable to obtain and retain a job. 

(3) When medical evidence demonstrates incapacity for 

self-support, this determination will stand unless 

refuted by sustained work performance. A child is not 

incapable of self-support merely because of an 

inability to obtain employment due to economic 

conditions, lack of job skills, etc. 

(4) Documentation to support the incapability of selfsupport includes medical records, social security 

disability records, tax returns showing that the 

covered child was claimed as a dependent, state 

guardianship documents, and affidavits. 

SSA/state disability records indicating lack of selfsupport alone cannot be used to establish that the 

child is incapable of self-support. Various 

jurisdictions have different interpretations of lack 

of self-support and the CE must consider the evidence 

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5. Developing a Survivor Claim. (Continued) 

as a whole to determine if it demonstrates 

incapability of self-support for purposes of EEOICPA. 

g. Identifying Potential Survivors. When an additional 

potential survivor is identified on Form EE-2 or through 

another development action, the CE contacts the individual 

by letter to explain his or her right to file a survivor 

claim (Exhibit 1). 

(1) The letter does not indicate whether the 

individual is qualified to receive benefits, as this 

is a function of the claims process after a Form EE-2 

has been filed. Rather, the letter outlines the 

general requirements for survivor eligibility. 

(2) The CE explains that filing a claim does not 

guarantee that benefits will be payable. Both 

statutory and regulatory requirements must still be 

met before compensation can be awarded. 

(3) A blank Form EE-2 is enclosed with the 

correspondence. The named survivor is asked to 

complete and submit the form within 30 days. If the 

claim is not submitted within the 30 day time period, 

the CE can proceed to adjudicate the case on the 

assumption that a claim is not forthcoming, unless 

communication is received from the claimant indicating 

that an EE-2 is forthcoming. 

h. Additional Documentation. To ensure that compensation 

is paid to eligible survivors of the deceased employee, the 

CE may require a claimed survivor to provide any documents, 

affidavits, or records that are necessary to convince the 

adjudicator of the accuracy of the claim. 

6. Simultaneous Development. The CE sends development letters 

to all survivors claiming benefits requesting medical and 

employment evidence. The CE may proceed to develop employment 

and medical requirements in the case of multiple survivors when 

there is documentation sufficient to proceed with this 

development (e.g., Form EE-3 or supporting medical report is 

received from one or more of the survivors). 

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6. Simultaneous Development. (Continued) 

A request for documentation required to support the eligibility 

of a specific claimant is only to be sent to that claimant. 

7. Issuing Recommended Decisions. A Recommended Decision (RD) 

may be issued under Part B and/or under Part E, concluding that 

one or more survivors are not entitled to survivor benefits but 

reserving for further development the claims of other potential 

survivors. A RD under Part B and/or under Part E that 

recommends payment of survivor’s benefits must consolidate the 

claims of all eligible survivors under the employee’s Social 

Security Number. 

For example, assume that three children of a covered employee 

filed a claim under Part B and all were determined to be 

eligible survivors under Part B. However, only one of the 

children filed a Part E claim. The CE develops Part E claims 

for the other two children, and all three children are addressed 

in the RD under Part E regardless of whether they filed a Part E 

claim. 

a. Findings for Each Survivor. An RD that recommends 

payment of survivor’s benefits must include a finding in 

regard to entitlement to compensation for each survivor. 

Specifically, the CE references the names of the survivors, 

whether they are entitled to receive compensation, the 

amount of compensation payable to eligible survivors, and 

the basis for the conclusions reached. Multiple survivor 

RDs are not issued piece meal, but rather the CE develops 

each claim concurrently and issues one comprehensive RD 

addressing the claims of each interested party. 

b. Individual Addresses. The RD does not include the 

addresses of all survivors. Each address must be listed on 

a separate certificate of service in the FD. A cover 

letter is addressed to each individual survivor along with 

a copy of the RD unless a survivor was previously denied 

for being an ineligible survivor and the new RD would have 

no affect of the previously denied claimant. 

c. Lack of Form EE-2. The CE may be able to affirm the 

existence of an eligible survivor but be unable to contact 

the survivor or to have the survivor file a Form EE-2. In 

this situation, the CE proceeds to issue an RD. 

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7. Issuing Recommended Decisions.(Continued) 

(1) The RD includes a finding of potential 

entitlement for the eligible survivor even though he 

or she has not filed a Form EE-2 (non-filing 

survivor). 

(2) The compensation for the non-filing eligible 

survivor may not be distributed among the other 

survivors who have filed claims, and must be retained 

in the Fund (held in abeyance) until he or she comes 

forward to file a claim. 

For example, a Form EE-2 completed by the child of a 

deceased employee identifies another eligible child. 

The claiming child produces a birth certificate and 

evidence of the other child's current address. The CE 

contacts the child, who fails to file a Form EE-2. If 

the evidence is sufficient to conclude that the child 

is eligible under the Act, the CE includes the child 

in the RD. 

(a) However, the Division of Energy Employees 

Occupational Illness Compensation Program 

(DEEOICP) does not pay compensation to the nonfiling survivor unless that survivor submits Form 

EE-2 and EN-20 in response to the FD. The 

program pays the filing survivor and reserves the 

money in the Fund until such time as the nonfiling survivor comes forward. 

(b) If at a later date, the child contacts the DO 

indicating his or her intent to pursue a survivor 

claim, he or she must file a Form EE-2. This 

will allow the DO to pay any compensation that 

may be due. 

8. Survivor Issues During the Payment Process. 

a. Minor Child. Under Part B, a minor child may be 

advised in the FD that he or she is eligible for 

compensation. However, at the time of payment, that child 

may no longer meet the definition of a minor according to 

state law. In such a situation, the case file is forwarded 

to the National Office (NO). 

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8. Survivor Issues During the Payment Process. (Continued) 

b. Death Before Payment. Under Parts B and E, if the 

employee is alive when the FD is issued, but dies before 

receiving payment, the employee’s claim in ECMS must be 

closed administratively. 

(1) If a paper check has been mailed to the employee, 

the payment must be cancelled. If the payment is made 

via electronic fund transfer (EFT), the payment should 

not be cancelled. The employee’s case is then 

administratively reopened for issuance of RDs to any 

survivors. 

(2) The claim must then be developed for possible 

survivors. If survivors are identified and eligible, 

the DO must issue a new RD which encompasses all 

eligible survivors. The survivor claim is essentially 

treated as a separate and new claim. 

c. Death Due to Non-Covered Illness, Part E. If a 

covered Part E employee dies after filing a claim but 

before compensation is paid, and his or her death was 

solely caused by a non-covered illness or illnesses, then 

the survivor may choose the compensation that would 

otherwise have been payable to the covered Part E employee 

if he or she had not died prior to receiving payment. 

(1) The survivor is not entitled to the $125,000 lump 

sum payment because death was not caused by the 

covered illness(es). 

(2) The survivor could potentially receive the 

impairment award that the employee would have received 

only if the medical evidence meets all the criteria in 

the AMA’s Guides to the Evaluation of Permanent 

Impairment and the regulations for medical evidence 

used to support an award for impairment. 

d. Dividing Payment to Surviving Spouse. If a covered 

spouse is alive at the time of payment, the compensation 

payment is usually made in full to the covered spouse. 

(1) Under Part B only, if there is at least one child 

of the employee who is a minor at the time of payment 

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and not a biological child or adopted child of the 

spouse, then half of the payment is made to the 

covered spouse and the other half of the payment is 

made in equal shares to each child of the employee who 

is a minor at the time of payment, without regard to 

whether the child is a spousal child or non-spousal 

child. Otherwise, the entire payment is awarded to the 

spouse. The RD and FD must fully explain the 

distribution of compensation to the spouse and the 

remaining eligible children. 

(2) Under Part E only, if there is at least one child 

of the employee who is living at the time of payment 

and is a “covered child” (i.e., under the age of 18 at 

the time of the employee’s death, between the ages of 

18 and 23 and continuously enrolled as a full-time 

student since attaining the age of 18, at the time of 

the employee’s death, or any age and incapable of 

self-support at the time of the employee’s death), and 

not a biological or adopted child of the spouse, then 

half of the payment is made to the covered spouse and 

the other half of the payment is made in equal shares 

to each “covered child” of the employee who is living 

at the time of payment, without regard to whether the 

child is a spousal child or non-spousal child. 

e. Survivor’s Death. If one survivor in a multiple 

survivor claim dies before payment is issued, the 

compensation is reapportioned among the remaining 

survivors. 

For example, three survivors of the deceased employee file 

survivor claims. One of the survivors dies before payment 

is made. The compensation must be divided between the two 

remaining living survivors of the deceased employee. The 

case file must be forwarded to the NO with a copy of the 

death certificate for a Director’s Order if this occurs 

after the FD is issued. The DO must issue a new RD which 

encompasses all eligible survivors. Under no circumstances 

can compensation be paid to the survivors of a deceased 

survivor. 

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9. Multiple Payments, Part B. 

a. Employee. Under Part B, no employee may receive more 

than one lump sum payment for any occupational illnesses 

that he or she has contracted. 

b. Survivor. A survivor may receive one lump sum payment 

under Part B for each employee for whom he or she qualifies 

as an eligible survivor if the Part B lump sum payment has 

not previously been paid to the employee. If a survivor 

files a claim for benefits and a lump sum payment has 

previously been paid to the employee, the CE must deny the 

survivor’s claim. 

10. Survivor Compensation, Part E. If a covered Part E 

employee dies after filing a claim but before compensation is 

paid under Part E of the Act, and his or her death was solely 

caused by a non-covered illness or illnesses, then the survivor 

may choose the compensation that would otherwise have been 

payable to the covered Part E employee if he or she had not died 

prior to receiving payment. A survivor may receive more than the 

basic $125,000 survivor entitlement due to the death of a 

covered Part E employee from a covered illness. This occurs when 

the CE determines that the deceased covered Part E employee 

experienced compensable wage-loss and/or impairment prior to his 

or her attainment of normal Social Security retirement age under 

the Social Security Act as a result of any accepted covered 

illness or illnesses, not just the covered illness that resulted 

in death. 

a. Death Before Normal Social Security Retirement Age. 

If a covered Part E employee died as a result of a covered 

condition prior to the attainment of normal Social Security 

retirement age, the CE presumes that the covered Part E 

employee experienced wage-loss for each calendar year 

subsequent to the calendar year of death, through and 

including the calendar year in which the employee would 

have reached normal Social Security retirement age (see 

EEOICPA PM Chapter 2-1400). 

b. Additional Sums. A survivor may be entitled to up to 

$175,000 under Part E, dependent upon the number of years 

for which an employee experienced wage-loss and the Part E 

survivor entitlement. See EEOICPA PM Chapter 2-1400 on wage 

loss entitlement. 

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10. Survivor Compensation, Part E. (Continued) 

c. Impairment. If the employee received compensation for 

impairment during his or her lifetime, this does not 

preclude payment of the $125,000 survivor benefit to an 

otherwise entitled survivor up to the maximum aggregate 

Part E compensation amount. See EEOICPA PM Chapter 2-1300 

on Impairment benefits. 

11. Maximum Aggregate Compensation, Part E. Under Part E, the 

amount of compensation provided, excluding medical benefits, may 

not exceed the total amount of $250,000 per accepted covered 

employee. The CE does not develop for additional medical 

conditions once the aggregate compensation amount is reached, 

unless the potential for covering medical expenses exists. If a 

survivor files a claim for benefits and the maximum aggregate 

compensation amount has been reached, the CE must deny the 

survivor’s claim. 

12. Alternative to Filing a Survivor Claim, Part E. A noncovered spouse or child of a deceased DOE contractor employee or 

RECA section 5 uranium worker may submit a written request for 

an informal evaluation of whether the employee contracted a 

covered illness as a result of employment at a covered facility. 

Once the alternative filing review is complete, the CE issues a 

determination letter to the claimant. No RD or FD is required. 

a. Written Notice. An individual seeking a determination 

about the cause of an employee’s illness must send a letter 

to DEEOIC requesting an alternative filing determination. 

(1) Alternative filing requests may be submitted to 

the resource centers or the district offices. 

(2) Only individuals listed in Subtitle E of the 

EEOICPA as potential survivors (i.e., spouses or 

children of an employee) may seek a determination 

letter regarding an employee. 

(3) The survivor seeking a determination letter must 

provide evidence of a familial relationship with the 

employee (see section 5, Developing a Survivor Claim, 

above). 

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12. Alternative to Filing a Survivor Claim, Part E. (Continued) 

b. Acknowledgement Letter. Each claimant should be sent 

a letter acknowledging their option to receive a 

determination letter after submission of their alternative 

filing (Exhibit 2). The acknowledgement letter serves to 

explain the process and offers the claimant the opportunity 

to pursue full adjudication and issuance of recommended and 

final decisions on the claim. 

 

(1) The claimant is notified that the alternative 

filing will result in the issuance of a determination 

letter following development of the claim. The CE 

explains what will be contained in the determination 

letter, and discusses the steps necessary to reach a 

determination on an alternative filing. 

(2) The acknowledgement letter gives the claimant the 

opportunity to opt out of the alternative filing 

process, and pursue full adjudication of the claim. 

Upon a claimant’s decision to receive a recommended 

and final decision, the CE sends another letter 

informing the claimant that full development will be 

completed, and outlining the evidence necessary. 

(3) The letter must explicitly instruct the claimant 

that the determination reached cannot be used in any 

claim for benefits under the EEOICPA. The CE 

instructs the claimant that the information presented 

in the forthcoming determination letter does not 

represent a final agency decision on the illness or 

causation. 

c. Review of the Evidence. The CE undertakes full 

development of the alternative filing, in accordance with 

the instructions contained in Part 2 of this Procedure 

Manual. The CE will gather any evidence necessary to 

arrive at a decision on the claim, including sending the 

case file to a DMC or NO health specialist for resolution 

of a question of exposure, diagnosis, or causation. 

d. Determination Letter. Upon completion of development 

on the alternative filing, the CE sends a determination 

letter to the claimant (Exhibit 3). 

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12. Alternative to Filing a Survivor Claim, Part E. (Continued) 

(1) The determination letter must be written in 

accessible and clear language and must state specific 

details. The letter does not take the format of a 

recommended decision, and no certificate of service is 

required. 

(a) The determination letter must reach a 

conclusion about whether the employee contracted 

an illness as a result of exposure while employed 

at a covered facility. 

(b) The letter must state that the claimant is 

not afforded any appeal or review rights as a 

result of the conclusion reached. 

(c) The CE reiterates that the determination 

cannot be used in a claim for benefits under 

EEOICPA. 

(d) The CE explains that the claimant may seek 

full adjudication on the claim, including 

issuance of a recommended and final decision, at 

any time. 

(2) The determination is reviewed by a Senior CE or 

supervisor, and is prepared for the District 

Director’s signature. 

e. Receipt of Form EE-2. If the survivor files a Form 

EE-2 once development is complete, the CE renders an RD on 

entitlement, which is then reviewed by the FAB for issuance 

of an FD. 

f. Full Development Requested. If the claimant requests 

a full development of the alternative filing after the 

initial alternative filing decision is issued but does not 

file a Form EE-2, the CE fully develops the claim and 

issues another alternative filing decision. Again, no FD or 

RD is issued in this instance. Full development requests 

are coded in ECMS the same as requests that do not 

stipulate full development. 

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Sample Letter to Potential Survivor Advising of 

Right to File Claim 

Dear Claimant Name: 

We have been advised that you may be an eligible survivor of the 

above-named employee under the Energy Employees Occupational 

Illness Compensation Program Act of 2000 (EEOICPA). 

Enclosed is form EE-2, Claim for Survivor Benefits under 

EEOICPA. If you wish to be included in the claim for survivor 

benefits under our program, please complete the EE-2 form and 

return it to this office at the address noted above at your 

earliest convenience. 

Once we receive your completed form EE-2, your claim will be 

added to the existing case file. We will use the file number 

referenced above, so please include this file number in any 

future correspondence or telephone inquiries concerning your 

claim. 

If you have knowledge of other individuals who may also be 

entitled to claim survivor benefits, please include their 

contact information on the EE-2 form, including name, address, 

and telephone number. Please note that for claims under Part B 

of the EEOICPA, the definition of an “eligible survivor” and the 

order of payment are as follows: 

1. If there is a living spouse (married to the employee for at 

least one year immediately before the death): 

 a. Spouse receives entire amount; 

b. UNLESS there is at least one child of the employee 

(includes a biological child of the employee, a stepchild 

who lived with the Energy Employee in a regular parentchild relationship, and an adopted child of the employee) 

who is a minor at the time of payment and not a biological 

child or adopted child of the spouse – in which case half 

of the award goes to the spouse and the rest is split 

between all living minor children of the employee. 

2. If there is no living spouse, the award will be given in 

the following order: 

EEOICPA Tr. No. 09-07 Exhibit 1 

August 2009 

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a. Living children (includes stepchildren and adopted 

children) of the employee; 

 b. If none of the above, to living parents of the employee; 

c. If none of the above, to living grandchildren of the 

employee; 

d. If none of the above, to living grandparents of the 

employee. 

For claims under Part E of the EEOICPA, the definition of an 

“eligible survivor” and the order of payment are as follows: 

1. If there is a living spouse (married to the employee for at 

least one year immediately before the death): 

 a. Spouse receives entire amount; 

b. UNLESS there is at least one living child of the 

employee at the time of the payment who is also a “covered 

child” under Part E (i.e., under the age of 18 years at the 

time of the employee’s death, or under the age of 23 years 

and continuously enrolled as a full-time student since 

attaining the age of 18 at the time of the employee’s 

death, or any age and incapable of self-support at the time 

of the employee’s death) and not a biological child or 

adopted child of the spouse – in which case half of the 

award goes to the spouse and the rest is split between all 

“covered children” of the employee living at the time of 

payment. 

2. If there is no living spouse, the award will be split 

between all “covered children” of the employee who are 

living at the time of payment. 

Although there is no time limit for the filing of a claim for 

benefits under the EEOICPA, we ask that you respond to this 

request within 30 days from the date of this letter in order to 

prevent any delay in the adjudication and awarding of benefits 

for this case. 

EEOICPA Tr. No. 09-07 Exhibit 1 

August 2009 

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Also, please note that filing a claim does not guarantee your 

eligibility for benefits under the EEOICPA. Additional 

investigation will be required to determine if all statutory and 

regulatory requirements have been met before compensation can be 

awarded. 

If you have any questions, please feel free to call or write us 

at the above address. 

Sincerely, 

Claims Examiner 

Enclosure: EE-2, Claim for Survivor Benefits 

 EE-7, Medical Requirements 

EEOICPA Tr. No. 09-07 Exhibit 1 

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U.S. DEPARTMENT OF LABOR Employment Standards Administration

Office of Workers’ Compensation Programs

Division of Energy Employees Occupational 

Illness Compensation 

Date Employee:

 

Claimant name

Address 

City, ST ZipCode

Dear Mr./Mrs. Claimant: 

I am writing concerning the alternative filing request you filed under the Energy 

Employees Occupational Illness Compensation Program Act (EEOICPA) to receive a 

determination regarding the potential for exposure and illness of your [employee’s 

relationship to the claimant]. 

Under the EEOICPA implementing regulations (20 CFR § 30.101(f)), a finding can be 

made by the program acknowledging the hazards faced by a deceased employee who 

worked in the Department of Energy atomic weapons program, even when there are no 

qualifying survivors eligible to receive benefits.

The Division of Energy Employees Occupational Illness Compensation (DEEOIC) will 

investigate the details of your [relationship’s] employment history to determine if 

he/she contracted an illness as a result of occupational exposure to a toxic substance 

while working at a DOE facility. You will receive a determination letter outlining the 

results of this investigation.

You should be aware that the information gathered as a result of this investigation does 

not change your eligibility to receive compensation under the EEOICPA. Additionally, 

the results reported to you cannot be used as evidence that your [relationship’s] illness 

was caused by his/her employment for the purposes of any law suit or workers’ 

compensation program, including the EEOICPA.

EEOICPA Tr. No. 09-07 Exhibit 2 

August 2009 

Page 1 of 2 

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Should you wish to have your case fully investigated and adjudicated, you can choose 

to file a claim at any time. If you file a claim, after gathering and assessing the 

necessary evidence, you would receive a recommended and final decision. You will 

need to complete and submit a form EE-2 (which can be found on DOL’s website at 

http://www.dol.gov/esa/owcp/energy/regs/compliance/EEOICPForms/ee-2.pdf, 

the District Offices, or any Resource Center) to begin the adjudication process. 

Sincerely,

Claims Examiner, 

(City) Office

EEOICPA Tr. No. 09-07 Exhibit 2 

August 2009 

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U.S. DEPARTMENT OF LABOR Employment Standards Administration

Office of Workers’ Compensation Programs

Division of Energy Employees Occupational 

Illness Compensation 

Date Employee:

 

Claimant name

Address 

City, ST ZipCode

Dear Mr./Mrs. Claimant: 

I am writing concerning the alternative filing request you filed under the Energy 

Employees Occupational Illness Compensation Program Act (EEOICPA) to receive a 

determination regarding the potential for exposure and illness of your [employee’s 

relationship to the claimant] while working at [facility]. 

The following determination is intended to provide a measure of closure to you and 

your family, and should serve as recognition of your [employee’s relationship to the 

claimant]’s extraordinary service and sacrifice on behalf of our country.

 

[Description of the findings] 

Again, this assessment DOES NOT change your eligibility for benefits or establish 

causation under the Act, and is not subject to further agency or judicial review. 

If you so desire, DOL will undertake a full development of the facts of this case. You 

will need to complete and submit a form EE-2 (which can be found on DOL’s website at 

http://www.dol.gov/esa/owcp/energy/regs/compliance/EEOICPForms/ee-2.pdf, 

the District Offices, or any Resource Center) to begin the adjudication process. The 

outcome of a full investigation of the circumstances of the claim may not result in a 

change of your status as an ineligible survivor, and upon issuance of a final decision in 

your case, you still may not be entitled to EEOICPA benefits.

Sincerely,

District Director, (City) Office

EEOICPA Tr. No. 09-07 Exhibit 3 

August 2009 

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