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 08/10 10-09 

 1 Purpose and Scope. . . . . . . . . 1 08/10 10-09 

 2 Policy . . . . . . . . . . . . . . 1 08/10 10-09 

 3 Eligible Survivors . . . . . . . . 1 08/10 10-09 

 4 Filing a Claim for 

 Survivor Benefits. . . . . . . . 2 08/10 10-09 

 5 Establishing Employee’s Death. . . 3 08/10 10-09 

 6 Linking Employee’s Death to an 

 Occupational or Covered Illness. 3 08/10 10-09 

 7 Surviving Spouse. . . . . . . . . 3 08/10 10-09 

 8 Surviving Child. . . . . . . . . . 5 08/10 10-09 

 9 Parents, Grandchildren, 

 Grandparents. . . . . . . . . . 12 08/10 10-09 

 10 Potential for Additional 

 Survivors. . . . . . . . . . . . 12 08/10 10-09 

 11 Claims Involving Multiple 

 Claimants. . . . . . . . . . . . 13 08/10 10-09 

12 Issues during the Payment Process. 14 08/10 10-09 

13 Alternative to Filing a Survivor 

 Claim, Part E. . . . . . . . . . 17 08/10 10-09 

Exhibits 

 1 Sample Letter to Potential Survivor 

 Advising of Right to File Claim 

 2 Sample Acknowledgement Letter 

 3 Sample Determination Letter 

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1. Purpose and Scope. This chapter contains procedures for 

the development and review of survivor claims under the Energy 

Employees Occupational Illness Compensation Program Act 

(EEOICPA). It also describes the process followed when a noncovered 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 is deceased, one or more of the employee’s survivors 

may file a claim for compensation under the EEOICPA. 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. When developing a 

survivorship claim, the CE sends letters to all survivors 

claiming benefits, requesting medical and employment evidence 

sufficient to establish eligibility of the deceased employee. 

However, a request for documentation necessary to support the 

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

claimant. 

When a survivor files a claim, the CE is responsible for 

adjudicating the claim(s) and for processing any compensation 

which may be payable in the order of eligibility outlined below. 

a. Part B. Compensation may be payable to eligible 

survivors in the following order: spouse, children, 

parents, grandchildren, and grandparents of the deceased 

covered Part B employee. 

b. Part E. Compensation may be payable to eligible 

survivors in the following order: spouse; then children who 

were 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 at the time of 

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

self-support at the time of the employee’s death. 

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Unlike Part B, the following claimants are not eligible for 

survivor benefits under Part E: adult children (with the 

exception of those incapable of self-support at the time of 

the covered employee’s death), parents, grandchildren, and 

grandparents of the deceased covered Part E employee. 

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

the application for or receipt of benefits under the 

EEOICPA or any other federal or state workers’ compensation 

law forfeits any entitlement to the EEOICPA benefits for 

any 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. Any written communication that 

requests survivor benefits under the Act will be considered a 

claim for purposes of case creation and claim development. 

However, a completed and signed Form EE-2 must be submitted for 

DEEOIC to fully adjudicate the claim and issue a recommended and 

final decision to that survivor. 

a. Acting on Survivor’s Behalf. Any person acting on 

behalf of a survivor may file a claim under the EEOICPA for 

that survivor. 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 Claim Needed for Part E. 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. Excluding Claims Due to Tort or State Workers’ 

Compensation Benefit. A survivor may choose to exclude 

from his or her claim any condition caused by an exposure 

for which there has been a settlement from a tort action 

or, under Part E, any condition leading to receipt of a 

payment under a state workers’ compensation program. This 

may preclude any need to reduce payable benefits. (Refer to 

PM Chapter 3-0400, Tort Action and Election of Remedies and 

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PM Chapter 3-0500, Coordinating State Workers’ Compensation 

Benefits.) 

5. Establishing Employee’s Death. For any survivor claim, the 

initial action to be taken by the CE is the confirmation of the 

employee’s death. 

a. Death Certificate. The document used to verify the death 

of an employee is a death certificate, typically issued by 

an official state or local governing agency. For the most 

part, a death certificate lists the name of the decedent, 

date of death, his or her marital status at time of death, 

usual occupation, and cause of death certified by a 

physician or some other official. A death certificate is 

required to be submitted to confirm the death of an 

employee in a survivor claim filed under Parts B and E. 

(1) An official copy (stamped) of an employee’s death 

certificate is not required. A copy can be accepted. 

(2) Some states have implemented the use of 

electronic death certificates, which may be used to 

establish the death of the employee. To be 

acceptable, a printed copy of the electronic record 

must be obtained that identifies the certifying 

official. If a physician is the certifying official, 

his or her license number must also be included. 

6. Linking Employee’s Death to an Occupational or Covered 

Illness. For a compensable claim under Part B, it must be shown 

that the employee was diagnosed with an occupational illness 

including: cancer, chronic beryllium disease or chronic 

silicosis. The evidence does not need to show that any one of 

these conditions was linked to the employee’s death, merely that 

one or more was diagnosed. This also applies to a covered 

illness that develops over the course of the employee’s life and 

resolves by way of medical treatment. However, for a compensable 

claim under Part E, the evidence must establish that an 

occupational exposure to a toxic substance was at least as 

likely as not a significant factor in causing, contributing to, 

or aggravating the death of the employee. 

7. Surviving Spouse. For either a Part B or Part E claim for 

spousal survivorship, the necessary documentation to establish a 

viable claim usually consists of a copy of the marriage 

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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. A marriage license is also unacceptable. 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. This prior year 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 term. The CE counts each calendar day from 

September 4, 2004 up through and including September 2, 2005. 

a. In cases where evidence shows that the employee was 

previously married, it is not necessary to obtain proof of 

divorce. However, in the event that the evidence in a case 

raises concern as to the legitimacy of the marriage for 

which survivorship is being established, the CE should 

develop further and obtain a copy of the divorce decree (or 

death certificate if marriage ended due to death of spouse) 

validating that the marriage was dissolved. 

b. In some instances a common-law marriage may exist 

between the employee and the surviving partner. When the 

evidence does not sufficiently establish that the claimant 

had a licensed/certified marriage with the employee for the 

365 days immediately prior to the employee’s death – or 

where there is some evidence to suggest that the marriage 

was not valid – the CE may have to gather sufficient 

evidence to make a determination as to whether the parties 

established a common-law marriage in a state or other 

territory which authorizes such marriages. As a general 

rule, the existence of a common-law marriage is determined 

by the law of the state that has the most significant 

relationship to both spouses and to the alleged marriage. 

If full development of the claim results in evidence that 

the alleged common-law marriage occurred in a state that 

does not allow the creation of such marriages within its 

borders – and no other state is involved – the inquiry may 

end there. 

(1) The CE must develop evidence sufficient to 

establish that any claimed (or potential) common-law 

marriage meets two threshold issues. The first is when

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the common-law marriage was entered into, and the 

second is where it was entered into. 

(2) Once the “when and where” elements have been 

established, the CE should proceed with additional 

development to document the five standard elements of 

a common-law marriage outlined in the Common-Law 

Marriage Handbook. 

(3) Evidence which may be used to document a commonlaw marriage may consist of the following items, as 

delineated in the handbook: affidavits, marriage and 

divorce documents, death certificates, children’s 

records, real estate documents, tax records, banking 

and loan documents, contracts including insurance 

documents, employment documents, medical records, 

tribal documents, wills, trusts, power of attorney 

documents, utility bills, letters, and/or other 

significant formal or informal documents. 

(4) The burden to produce all necessary evidence and 

to establish each element of their eligibility by a 

preponderance of the evidence rests with the 

claimant(s). The purpose of development regarding a 

claimed common-law marriage is to obtain sufficient 

information and probative evidence to support a 

determination regarding whether a common-law marriage 

was ever created, and if so, its duration. If the 

evidence is sufficient to reach a decision, the CE may 

proceed with adjudication. If the evidence is not 

clear, or is in dispute, guidance may be obtained by 

the Policy Branch, by referring the case file along 

with a memorandum of explanation. 

8. Surviving Child. A “child” of an individual under both 

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 a dependent of the employee but does not fit within 

the definition of a qualifying “child” is not an eligible 

survivor. In the vast majority of situations, a birth 

certificate showing the employee as the parent of a child is 

sufficient to establish survivorship. 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 undertake development to ascertain the 

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circumstances of the claim. Development is also necessary in any 

instance where the paternity of a child or his or her connection 

to the employee is challenged. The CE must use discretion when 

evaluating evidence in support of a survivorship claim and weigh 

all evidence received in its totality. 

 a. Categories of eligible children. 

 

(1) Biological Child. The term “biological child” is 

broad and refers to all persons with either a presumed 

or established genetic link to a deceased employee. 

Because a recognized natural child is presumed to have 

a genetic link to a deceased employee, a recognized 

natural child is one type of biological child. 

Another type of biological child is a person whose 

birth certificate lists the deceased employee as their 

mother or father, because these persons are also 

presumed to have a genetic link to their listed mother 

and father. However, these two presumptions may be 

rebutted if substantial evidence exists that rebuts 

the existence of the genetic links, consistent with 20 

C.F.R. § 30.111(d). The final type of biological 

child is any person who can establish an actual 

genetic link to a deceased employee through the 

submission of probative DNA evidence that shows such a 

link. 

A person who either is or was only a “dependent” of a 

deceased employee, but does not fit within the above 

comprehensive definition of a “child” of that deceased 

employee, is not a “child” of the employee for the 

purposes of EEOICPA. 

(2) Stepchildren. Claims for eligibility as a 

stepchild will be decided by the District Offices (DO) 

unless there is an issue that cannot be determined by 

the CE. In circumstances where the status of a 

stepchild as a potentially eligible survivor cannot be 

determined, the matter should be referred to the 

National Office Policy Branch. 

(a) A stepchild is defined as any individual who 

establishes a parent-child relationship with the 

employee through the marriage of their parent to 

the employee. This determination is made once the 

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CE receives documentation from the stepchild in 

support of their claimed relationship. 

(b) Documentation supporting a regular parentchild relationship may include school records 

(e.g., report card) listing the employee as 

having a familial relationship to the stepchild, 

employment or 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, 

and/or any other documents that refer to the 

stepchild and the deceased employee in a familial 

way. 

(c) Under Part B, where a stepchild was an adult 

at the time of the deceased employee’s marriage, 

the evidence will be considered on a case by case 

basis. Evidence that may document eligibility 

includes records that the stepchild was the 

primary contact in medical dealings with the 

deceased employee, that the stepchild provided 

financial support for the deceased employee, 

and/or provided housing for the deceased 

employee, etc. 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. 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. 

(d) There is no minimum time requirement for a 

stepchild to have lived in the same household as 

the covered employee, merely that a parent-child 

relationship existed. To determine if a parentchild relationship existed, the CE/FAB 

representative must consider the above 

information in conjunction with the following: 

Did the stepchild visit the employee during the 

holidays?; Did the stepchild take care of the 

employee for days at a time?; and is it logical 

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that the stepchild and employee stayed at one 

another’s home at any given time? As long as a 

reasonable basis exists to show that a parent 

child relationship existed, the CE can make an 

affirmative finding. 

(e) For 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. As such, because a parent-child 

relationship did exist at one time, the child is 

considered an eligible stepchild. An ongoing 

parent-child relationship following divorce is 

not necessary. 

(f) The CE or FAB representative must consider 

the totality of the evidence when determining 

whether the stepchild qualifies, and must provide 

the rationale supporting whatever outcome in the 

Recommended and/or Final Decision. 

(3) Adopted Child. An adopted child is defined as a 

child that is not biologically related to the 

employee, but whose parental responsibilities have 

been permanently transferred by a legal mechanism to 

the employee. The CE obtains the relevant legal 

document(s), whether state, tribal, or otherwise, 

confirming the transfer of responsibility to the 

employee. 

b. Qualifications for eligibility under Part B vs. E. 

(1) Part B Surviving Child. A surviving child is a 

biological, stepchild, or adopted child of the 

employee regardless of age. 

(2) Part E Surviving Child. Under Part E, a “covered” 

child must also have been, as of the date of the 

employee’s death: either under the age of 18 years, 

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. 

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(a)Student Status. To be considered a full-time 

student at the time of the employee’s 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 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 was 

considered to be the minimum number of hours 

required to qualify as “full-time” (versus 

part-time), at the time of the child’s 

enrollment, as this may vary from one 

institution to another. 

(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/she 

could still be “registered” as a full-time 

student while fulfilling other requirements 

of the program. 

(4) If a student is prevented by reasons 

beyond his or her control from continuing 

education for a period of reasonable 

duration, (such as a brief but 

incapacitating illness,) 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. 

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(5) Leaving school to care for a sick 

parent/employee, lack of funds to pay for 

school as a result of a parent/employee’s 

illness, or dropping/failing out of school 

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. 

(b) Incapable of Self-Support. To establish 

eligibility for benefits as a covered child who 

was incapable of self-support at the time of the 

employee’s death, the child must have been 

physically or mentally incapable of self-support, 

regardless of marital status or dependency on the 

employee for support, regardless of the temporary 

or permanent nature of the incapacity. 

(1) A child is incapable of self-support 

if, at the time of the employee’s death, 

his/her physical or mental condition was 

such that he/she was unable to obtain and 

retain a job or engage in self-employment 

that could provide he/she with a sustainable 

living wage. 

(2) Medical evidence must show that the 

child was diagnosed with a medical condition 

establishing that he/she was 

physically/mentally incapable of selfsupport at the time of the employee’s death. 

(3) Documentation to support the 

incapability of self-support can include 

medical records, social security disability 

records, tax returns showing that the 

covered child was claimed as a dependent, 

state guardianship documents, and 

affidavits. 

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SSA or State disability records alone, 

showing lack of self support, should not be 

used to establish that the child is 

incapable of self-support. The CE must 

consider the evidence as a whole to 

determine if it demonstrates that the person 

was/is incapable of self-support for 

purposes of the EEOICPA. 

(4) When medical evidence demonstrates 

incapacity for self-support, this 

determination will stand unless refuted by 

sustained work performance. 

(5) A child is not incapable of self-support 

merely because of an inability to obtain 

employment due to economic conditions, lack 

of job skills, incarceration, etc. 

(6) There is no specific timeframe required 

to establish that a child was incapable of 

self-support prior to the death of the 

employee (e.g. accident). It is only 

necessary to establish that the child was 

incapable of self-support on the day the 

employee died. 

c. Non-spousal children. In certain 

situations, a special provision of the Act allows 

for the division of benefits between an eligible 

spouse and an employee’s child who is not related 

to the 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, and who is not a 

recognized natural child or adopted child of 

the spouse, half of the payment is made to 

the covered spouse and the other half 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. A 

recognized natural child is a child 

acknowledged by the employee as their own 

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during their lifetime. The RD and FD must 

fully explain the distribution of 

compensation to the spouse and all children 

who have filed a claim. 

(2) Under Part E only. If there is at least 

one child of the employee who is living at 

the time of payment, who qualifies as 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 who is not a 

recognized natural or adopted child of the 

spouse, half of the payment is made to the 

covered spouse, and the other half 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. 

Refer to the definition of a recognized 

natural child found under Part B above. 

The RD and FD must fully explain the 

distribution of compensation to the spouse 

and all children who have filed a claim. 

 

9. Parents, Grandchildren and Grandparents. Under Part B 

only, parents, grandchildren (including biological, adopted and 

step-grandchildren), and grandparents may be eligible for 

survivor benefits provided there is no surviving spouse or 

living child who is eligible to receive compensation. When 

adjudicating a survivorship claim for a parent, grandchild, or 

grandparent, documentation must establish the relationship of 

the survivor to the deceased employee (i.e. employee’s birth 

certificate listing parent’s name, parent’s birth certificate 

showing grandparent’s name, etc.). Parents, grandchildren and 

grandparents are not eligible for survivor benefits under Part 

E. 

10. Potential for Additional Survivors. When an additional 

potential survivor is identified on Form EE-2 or through some 

other development action, the CE contacts the individual by 

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letter explaining their right to file a survivor claim (Exhibit 

1). 

a. Letter to Survivor. The letter to the survivor 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. The CE 

explains that filing a claim does not guarantee that 

benefits will be payable, as both statutory and regulatory 

requirements must still be met before compensation can be 

awarded. 

b. Form EE-2. A blank Form EE-2 is enclosed with the 

correspondence. The potential survivor is asked to complete 

and submit the form within 30 days. If the claim is not 

received within the 30-day time period, the CE can proceed 

to adjudicate the case on the assumption that a claim is 

not forthcoming. Additional information on handling nonfiling claimants can be found in the PM Chapter 2-1600, 

Recommended Decisions. 

c. Additional Documentation. To ensure that compensation 

is paid to eligible survivors of the deceased employee, the 

CE may require the survivor to provide documents, 

affidavits, or records sufficient to substantiate the 

veracity of their claim. 

11. Claims Involving Multiple Claimants. When a claim is 

filed, it is created in ECMS B, ECMS E, or both based on claimed 

employment and claimed illness(es). In some cases, multiple 

claimants will file a claim for one or more illnesses. And in 

some of these cases, not all claimants will claim the same 

illness(es). Therefore, in cases involving multiple claimants, 

an illness claimed by one claimant will be considered claimed by 

all parties to the case (unless the claimant specifically states 

they do not wish to claim the additional illness) and should be 

entered in the appropriate ECMS system for each claimant. This 

means that all illnesses will be addressed for all claimants 

without the request for additional claim forms. 

a. Findings for Each Survivor. Once appropriate 

development is completed and review of evidence undertaken, 

one comprehensive RD addressing the claims of all filing 

parties may proceed. Each party to the claim must receive 

an individual finding in the decision with respect to his 

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or her eligibility. The decision references each survivor 

who has filed a claim and specifies whether they are 

entitled to receive compensation, the amount of 

compensation payable to each eligible survivor, and the 

basis for the conclusions reached. 

b. One Comprehensive Decision - Given the procedure 

requiring each individual in a multi-claimant case be party 

to a decision on entitlement of benefits, all claims 

associated with the case must be reopened before a new 

decision can be issued (Refer to PM 2-1900, Reopening 

Process). 

b. Individual Addresses. The RD does not include the 

addresses of the various claimants. Instead, a cover 

letter is addressed to each claimant and a copy of the RD 

is sent to all filing parties. 

c. Lack of Form EE-2. The CE may encounter a situation 

where a survivor has made a claim for benefits in writing 

but has not filed Form EE-2. Alternatively, the CE may have 

evidence indicating the existence of a potentially eligible 

survivor but is unable to contact the survivor to obtain a 

completed Form EE-2. Under these circumstances, the CE 

proceeds to issue an RD (See PM Chapter 2-1600, Recommended 

Decision). 

 

12. Issues During the Payment Process. 

a. Death Before Payment. If the employee/survivor is 

alive when the FD is issued but dies before payment is 

received, the employee/survivor’s claim must be 

administratively closed in ECMS. Receipt of payment is 

defined as the date the Electronic Funds Transfer (EFT) is 

received at the payee’s bank or the date the paper check is 

received by the payee or someone legally able to act for 

the employee in receiving the payment. 

(1) Any compensation payment (whether check or EFT) 

received after the employee/survivor’s death must 

be returned to the Treasury Department, and the 

payment must be cancelled in ECMS. (Refer to PM 

3-0600 Compensation Payments for the payment 

cancellation steps.) 

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(2) Survivor claims are appropriately developed and a 

new RD is issued to all survivors who have filed 

a claim. 

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

covered Part E employee dies after filing a claim but 

before any payment is received, and if the employee’s death 

was caused solely by a non-covered illness, the survivor 

(any survivor including the spouse) has the election of 

benefits option. The survivor may elect to receive 

compensation that the employee would have received had he 

not died prior to payment. It is not necessary for the 

employee to have filed a claim specifically for wage-loss 

or impairment in order to have the election of benefit 

option available. As long as the employee filed a Part E 

claim, claims for impairment and wage-loss are assumed. 

However, if the employee received any compensation for 

impairment or wage-loss, prior to his death, such payment 

voids the election of benefit option. 

(1) When an election of benefits is available, the CE 

contacts the survivor via telephone or letter advising 

the survivor of the option to receive the benefits 

that the employee would have received had he/she not 

died prior to receiving payment. The CE obtains a 

verbal response and follows with written confirmation 

of the survivor’s option. 

(2) The survivor could be awarded the impairment 

benefit the employee would have received, but only if 

the medical evidence meets all the criteria in the 

AMA’s Guides to the Evaluation of Permanent 

Impairment, and is in conformance with the regulations 

regarding medical evidence used to support an award 

for impairment. (Refer to PM Chapter 2-1300, 

Impairment Ratings) 

(3) Also, the survivor could be awarded the wage-loss 

benefit the employee would have received. (Refer to PM 

Chapter 2-1400, Wage-Loss Determinations) 

(4) Under the election, survivor benefits are payable 

up to the aggregate limit under Part E. 

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(5) The survivor is not entitled to the $125,000 lumpsum payment because death was not caused by the 

covered illness(es). 

c. Change in Child Status. Under Part B, a non-spousal 

child who is a minor at the time of filing may be advised 

in the FD that he or she is approved for compensation. 

However, at the time of payment that child may no longer 

meet the state law definition of a minor. In this 

situation, compensation cannot be awarded. The final 

decision is vacated and a new final decision is issued 

denying the claim with a finding that the non-spousal child 

is an ineligible survivor. However, every effort should be 

taken by the CE/FAB representative to avoid such a 

situation. 

d. Survivor’s Death. An eligible survivor must be alive 

to receive any payment awarded under the Act. If one 

eligible survivor in a multiple survivor claim dies before 

payment is received, the deceased survivor’s claim is 

administratively closed and a new recommended decision must 

be issued reapportioning compensation among the remaining 

eligible survivors. 

e. Survivor Compensation Part B. A survivor may receive 

one lump sum payment under Part B for each employee for 

whom he/she qualifies as an eligible survivor. If a 

survivor files a claim for benefits and a lump sum payment 

has previously been paid to the employee, the CE is to deny 

the survivor’s claim because the maximum allowable benefit 

has already been paid. The maximum benefit under Part B is 

$150,000. 

f. Survivor Compensation, Part E. An eligible survivor is 

entitled to the amount of $125,000 if it is determined that 

an accepted illness caused, contributed to, or aggravated 

the death of the employee. 

A survivor may receive more than the basic $125,000 

survivor benefit if the deceased, covered Part E employee 

experienced compensable wage-loss as a result of any 

covered illness prior to his or her attainment of normal 

Social Security retirement age as defined by the Social 

Security Act. The additional benefit of $25,000 or $50,000 

is dependent upon the number of years for which the 

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employee experienced wage-loss (Refer to PM Chapter 2-1400 

on wage-loss determinations). The maximum survivor benefit 

payable under Part E is $175,000. 

g. Aggregate Compensation Payable under Part E. The total 

amount of compensation payable, excluding medical benefits, 

may not exceed $250,000 per 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 aggregate 

compensation amount has been reached, the CE must deny the 

survivor’s claim. 

13. Alternative to Filing a Survivor Claim under Part E. A 

non-covered 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 

regarding 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. 

b. Acknowledgement Letter. Each requester should be sent 

a letter acknowledging receipt of their request to receive 

an alternative determination letter, upon submission of 

their filing (Exhibit 2). The acknowledgement letter 

serves to explain the alternative filing process and offers 

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the requester the opportunity to pursue full adjudication 

of the claim. 

 

(1) The requester 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) If the requester has not already received a final 

decision denying his or her claim, the acknowledgement 

letter gives the requester the opportunity to opt out 

of the alternative filing process and to pursue full 

adjudication of the claim leading to a 

recommended/final decision. Upon receipt of a 

requester’s decision requesting a recommended and 

final decision, the CE sends a follow-up letter 

informing the requester that full development will be 

completed and outlines the evidence required to 

adjudicate the claim. If full adjudication of the 

claim is requested, the requester will need to submit 

a completed form EE-2. 

(3) The “Alternative to Filing” letter must explicitly 

instruct the requester that the determination reached 

cannot be used in any claim for benefits under the 

EEOICPA. The CE instructs the requester 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 the EEOICPA Procedure Manual. 

The CE will gather any evidence necessary to arrive at a 

determination 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 requester (Exhibit 3). 

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(1) The determination letter must be written in clear 

language that is easily understood and must state 

specific details. The letter does not take the format 

of a recommended decision, and no certificate of 

service is required. 

(2) 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. 

(3) The letter must state that the requester is not 

afforded any appeal or review rights as a result of 

the conclusion reached. 

(4) The CE reiterates that the determination cannot be 

used as evidence in a claim for benefits under 

EEOICPA. 

(5) The CE explains that the requester may seek full 

adjudication on the claim, including issuance of a 

recommended and final decision, at any time. 

(6) 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 EE2, the CE can render a recommended decision on eligibility, 

which is then reviewed by the FAB for issuance of a final 

decision. 

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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, 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 benefits as a survivor of your [enter 

survivor’s relationship to deceased], please include their 

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

and telephone number (if known). 

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 who 

is a minor at the time of payment and not a 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: 

a. Living children; 

EEOICPA Tr. No. 10-09 Exhibit 1 

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 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 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. 

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. 

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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-3, Employment History 

 EE-7, Medical Requirements 

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U.S. DEPARTMENT OF LABOR Office of Workers’ Compensation Programs

Division of Energy Employees Occupational 

Illness Compensation

Date Employee:

 

Requester name

Address 

City, State Zip Code

Dear Mr./Mrs. Requester: 

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

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

determination as to whether your [employee relationship to survivor] contracted an 

illness as a result of exposure to a toxic substances while working at [facility]. 

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. 10-09 Exhibit 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

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U.S. DEPARTMENT OF LABOR Office of Workers’ Compensation Programs

Division of Energy Employees Occupational 

Illness Compensation

Date Employee:

 

Requester name

Address 

City, ST ZipCode

Dear Mr./Mrs. Requester: 

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

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

determination as to whether your [employee relationship to survivor] contracted an 

illness as a result of exposure to toxic substances 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 full adjudication 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. 10-09 Exhibit 3 

August 2010 

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