U. S. Department of Labor

Division of Energy Employees Occupational Illness Compensation 

200 Constitution Avenue, NW

Washington, DC 20210

(866) 888-3322 

What Happens After an EEOICPA Recommended Decision?

I just received a recommended decision on my 

EEOICPA claim. What do I do next? 

Read your recommended decision and the 

accompanying materials carefully. The decision may 

recommend acceptance, denial, or deferral of some or 

all of your claimed conditions, and different parts of the 

decision may require different actions. After the district 

office issues the recommended decision, your case file is 

sent to the Final Adjudication Branch (FAB), for review 

and issuance of a final decision. The next steps you take 

will depend on whether you agree or disagree with 

your recommended decision.

I AGREE With My Recommended Decision.

If you agree with the recommended decision, you may 

sign the waiver of objections form included with the 

decision, and return it to the FAB. By signing the form, 

you indicate that you are not going to challenge any of 

the conclusions in the recommended decision. This 

allows the FAB to take action on your case before the 60-

day period for objecting to the recommended decision is 

over. Once the FAB receives a signed waiver (or 

waivers, where there is more than one survivor), a final 

decision should be issued within 30 days, along with 

any payment forms or medical benefits instructions.

You are not required to sign the waiver form. However, 

if you do not sign the waiver form, and do not file 

objections, the FAB will not be allowed to decide your 

case until the 60-day period for objections is over, which 

will mean a longer wait for you. After the FAB 

independently evaluates your case, you will receive a 

final decision (and if it is an acceptance, payment forms 

or medical benefits instructions). 

I AGREE WITH PART of My Recommended 

Decision.

If you agree with part but disagree with another part of 

your recommended decision, you may waive your 

rights to object to accepted conditions and still object to 

denied conditions. You may sign what is called a 

“bifurcated waiver” describing your agreement and 

disagreement, and you may request a hearing or a 

review of the written record on the portion you disagree 

with. In this case, you may be issued two separate final 

decisions.

I DISAGREE With My Recommended 

Decision.

If you disagree with the decision, you have 60 days 

from the date of the recommended decision to file 

objections. These objections must be in writing and state 

the reasons for your disagreement. You may request a 

hearing on your objections as well, but you are not 

required to request a hearing.

How and when do I submit my objections?

Send your written objections to the DOL Central Mail 

Room as indicated in your recommended decision cover 

letter. The date of the postmark on the letter, or the date 

of the fax, must not be more than 60 days after the 

recommended decision date, or it will not be considered 

timely.

REVIEW OF THE WRITTEN RECORD

Can I file objections without requesting a hearing?

Yes. You are not required to go to a hearing if you have 

objections to the recommended decision. Instead, the 

FAB will take your objections into account in a “Review 

of the Written Record” (RWR). The RWR is an analysis 

of all the evidence in the case file, including any 

objections, to determine if the conclusions reached in 

the recommended decision are accurate. If the claimant 

objects to one portion of the recommended decision and 

agrees with the other portion, the FAB may issue a final 

decision on the accepted portion within 30 days, and 

then issue a separate final decision following the RWR 

on the objected portion. Recommended decisions 

addressing multiple claimants generally should be 

issued in the same final decision.

HEARINGS

May I request a hearing on any issue? When do I need to 

request a hearing?

Yes. You may request a hearing based on any 

disagreement you have with the recommended 

decision’s conclusions. You have 60 calendar days from 

the date of the recommended decision, the same time 

that is allowed for filing objections, to file a request for a 

hearing. This request must be in writing. A hearing 

request is considered timely if it is postmarked no later 

than 60 days after the recommended decision. 

Timeliness is determined based on the postmark on the 

letter, or the earliest date received in the DEEOIC office 

or resource center as shown by the date stamp. 

When will my hearing be scheduled? Where will it be 

held? 

You will receive a “Notice of Hearing” with the date 

and location of the hearing. The notice will be mailed at 

least 30 days prior to the date set for your hearing. A 

hearing representative from the FAB will be assigned to 

conduct the hearing.

May I reschedule my hearing?

Rarely. The FAB may grant a postponement in very 

limited circumstances only, per program regulations. 

Your hearing may be postponed when you or your 
U. S. Department of Labor

Division of Energy Employees Occupational Illness Compensation 

200 Constitution Avenue, NW

Washington, DC 20210

(866) 888-3322

authorized representative has a medical reason that 

prevents attendance, or when the death of the 

claimant’s parent, spouse or child prevents attendance. 

The FAB will make every effort to accommodate timely 

requests to postpone a hearing.

You or your authorized representative should provide 

at least 24 hours notice and a reasonable explanation 

supporting your inability to attend the scheduled 

hearing. In such cases, a new hearing date and location 

will be set, and you will be notified.

What happens if I do not attend or cancel the hearing?

If you do not attend the hearing at the designated time 

and place, and do not contact the hearing representative 

to request a rescheduling based on a medical reason or 

death that prevents attendance, then the hearing will 

not be rescheduled. In that case the FAB will proceed 

with a RWR.

May I review my file before the hearing?

Yes. You may request a copy of your file at any time, 

and one copy is provided free of charge upon request. 

However, to ensure that you have time to review your 

file, please request a copy at least two weeks prior to the 

date of the hearing.

Will I be reimbursed for travel to the hearing?

No. While the FAB will try to set the hearing close to 

your location, you may be required to travel up to 200 

miles roundtrip to attend the hearing. There is no 

payment to you for the expense of this travel. However, 

if you must travel more than 200 miles roundtrip, you 

will be reimbursed for reasonable and necessary travel 

expenses.

What happens at the hearing?

The hearing is scheduled for one hour. During that time, 

you (and your authorized representative or others) may 

explain your disagreement with the recommended 

decision to the hearing representative conducting the 

hearing. You may also submit documents to support 

your arguments. The hearing representative may have 

follow up questions for you as well, though this is not a 

cross examination. There will also be a court reporter 

transcribing the hearing.

I cannot or do not wish to appear in person. May I have 

a telephone or video hearing?

A hearing may be conducted by telephone at the FAB’s 

discretion or by claimant request. Telephone hearings 

cannot be conducted on cell phones. Video hearings (or 

WebEx hearings) can be conducted from certain 

locations.

What are WebEx hearings? 

WebEx hearings are hearings conducted over the 

internet, with video and telephone connections. You 

will travel to your local resource center, FAB or district 

office and a hearing representative will communicate 

with you over live internet video from a FAB office. 

You will be able to see and speak with the hearing 

representative the same as if you were in the same 

physical location. WebEx hearings are available in 

limited areas. You can check with the FAB to find out if 

WebEx hearings are conducted in your area.

Will the hearing be recorded or transcribed?

All testimony presented at any hearing will be made 

under oath or affirmation and the testimony will be 

transcribed by a court reporter and made part of the 

official record. You will receive a transcript of the 

hearing a few weeks after the hearing date. No 

independent video or audio recording of the hearing is 

allowed.

When may I submit additional evidence?

You may submit new evidence at any time, but sooner 

is better. Before the hearing, submit any additional 

evidence that you wish the FAB to consider. Any

evidence submitted on the date of the hearing or within 

thirty (30) days after the hearing will also be carefully 

considered in the final decision. 

May I submit evidence during the hearing if I have not 

previously submitted it to the HR?

You may submit any evidence you believe may be 

relevant to your case. The FAB will accept all testimony 

and evidence presented during the hearing.

May I have representation at the hearing?

Yes. You may have an authorized representative or any 

other person you designate to represent you at the 

hearing. Your representative can be an attorney, a 

family member, friend or whomever you choose. You 

are not, however, required to have a representative 

present at the hearing.

Please be advised that there are rules concerning the 

maximum fee an attorney may charge you.

May I have additional people attend the hearing with 

me?

Yes. You must notify your hearing representative at 

least one week prior to the date of the hearing if persons 

other than claimants or authorized representatives will 

be attending. All claimants who have requested a 

hearing must sign a waiver of confidentiality with 

respect to those people attending the hearing. 

Additionally, your hearing representative will need to 

determine whether proper room arrangements can be 

made to accommodate the number of people you wish 

to attend.

Who will represent the Department of Labor at the 

hearing?

Your FAB hearing representative will represent the 

DOL. However, the hearing is non-adversarial in 

nature. 
U. S. Department of Labor

Division of Energy Employees Occupational Illness Compensation 

200 Constitution Avenue, NW

Washington, DC 20210

(866) 888-3322

If I need to do so, may I withdraw my request for a 

hearing?

Yes. At any time after requesting a hearing, you can 

request to change to a review of the written record

(RWR) by making a written request to the Final 

Adjudication Branch. Once such a change is made, no 

hearing will be provided. Your hearing representative 

will then provide a RWR and final decision.

Is the hearing a formal legal proceeding?

The hearing is an informal process, and you are not 

bound by common law or statutory rules of evidence or 

by technical or formal rules of procedure. During the 

hearing, you may state your arguments and present any 

new written evidence and/or testimony in support of 

the claim. Oral testimony will be made under oath or 

affirmation and is recorded. The recording of the 

hearing proceedings is then transcribed for the file. 

May I submit new evidence after the hearing? 

Yes. You will have 20 days from the date you are mailed 

the transcript to provide written comments on its 

accuracy. The record will also remain open for 30 days 

after the hearing for additional evidence or argument, 

unless an extension of time is granted. Only one such 

extension may be granted. 

When will I know the results of my hearing?

After the hearing, your hearing representative will 

evaluate the entire record and make findings based on 

the evidence, including testimony taken at the hearing, 

and will issue a written final decision. 

FINAL DECISIONS

You will receive a final decision on your claim 

accepting, denying or remanding your case back to the 

district office. With an acceptance, you will be given 

payment forms and/or medical benefits instructions. 

Complete these requests carefully and immediately to 

receive your benefits.

What is a remand? Can I appeal a remand?

A remand is an order that sends your case back to the 

district office for further actions and the issuance of a 

new recommended decision. Remand orders are issued 

if the FAB finds a technical, procedural, or other error, 

or receives new information requiring a correction in 

the adjudication of the case. The remand order will state 

the reasons the case is being sent back to the district 

office and will state the actions that the district office 

should take on the case. You cannot repeal a remand 

order. Once the district office has completed the 

specified actions, you will receive another 

recommended decision, with the same rights to object or 

waive as discussed above.

What if I still disagree with the final decision issued 

after the RWR or the hearing? 

You have the right to appeal a final decision, but not a 

remand order, if you still disagree with the conclusions. 

You may submit a request for reconsideration within 30 

days of the final decision, and this will be evaluated by 

a FAB staff member with no prior involvement in your 

case. It must clearly state the grounds upon which 

reconsideration is being requested. Your request for 

reconsideration should be sent to the FAB. 

What if I receive new information after my final 

decision has been issued? May I request a reopening of 

my claim?

Yes, you may request a reopening of your claim at any 

time, if you have new evidence or argument that may 

support a change in the outcome of your case. 

Examples may be new evidence of either covered 

employment or exposure to a toxic substance, a change 

in the probability of causation guidelines, a change in 

the dose reconstruction methods, or an addition of a 

class of employees to the Special Exposure Cohort. 

Your request to reopen the claim must be in writing and 

be sent, along with your supporting information, to the 

director of the district office handling your claim.

FAB Offices

FAB National Office, Washington, D.C.

(202) 218-6800 (Main)

(202) 513-6401 (Fax)

(866) 538-8143 (Toll Free)

Jacksonville, Florida Cleveland, Ohio 

(904) 357-4705 (Main) (216) 802-1449 (Main)

(904) 357-4704 (Fax) (216) 802-1390 (Fax)

(877) 336-4272 (Toll Free) (888) 859-7211 (Toll Free)

Denver, Colorado Seattle, Washington

(720) 264-3060 (Main) (206) 373-6714 (Main)

(720) 264 264-3099 (Fax) (206) 224-2506 (Fax)

(888) 805-3389 (Toll Free) (888) 805-3401 (Toll Free)

Send all mail to the following address: 

U.S. Department of Labor OWCP/DEEOIC

P.O. Box 8306

London, KY 40742-8306
U. S. Department of Labor

Division of Energy Employees Occupational Illness Compensation 

200 Constitution Avenue, NW

Washington, DC 20210

(866) 888-3322

District Offices

Seattle

(206) 373-6750 (Main)

(206) 224-2506 (Fax)

(888) 805-3401 (Toll Free)

Denver

(720) 264-3060 (Main)

(720) 264-3099 (Fax)

(888) 805-3389 (Toll Free)

Cleveland

(216) 802 -1300 (Main)

(216) 802- 1308 (Fax)

(888) 859-7211 (Toll Free)

Jacksonville

(904) 357-4705 (Main)

(904) 357-4704 (Fax)

(877) 336-4272 (Toll Free)

U.S. Department of Labor

DEEOIC Central Mailroom

P.O. Box 47050

San Antonio, TX 78265

Resource Centers 

Oak Ridge Resource Center 

Jackson Plaza Office Complex 

800 Oak Ridge Turnpike, Suite C-103 Oak 

Ridge, TN 37830 

Telephone: (865) 481-0411 

Fax: (865) 481-8832 

Toll Free: (866) 481-0411 

Portsmouth Resource Center 

3612 Rhodes Ave

New Boston, OH 45662-4935 

Telephone: (740) 353-6993 

Fax: (740) 353-4707 

Toll Free: (866) 363-6993 

Idaho Resource Center 

1820 East 17th Street, Suite 250 

Idaho Falls, ID 83404 

Telephone: (208) 523-0158 

Fax: (208) 557-0551 

Toll Free: (800) 861-8608

New York Resource Center 

6000 North Bailey Avenue 

Suite 2A, Box #2 

Amherst, New York 14226 

Telephone: (716) 832-6200 

Fax: (716) 832-6638 

Toll Free: (800)941-3943 

Denver Resource Center

8758 Wolff Court, Suite 101

Westminster, Colorado 80031

Telephone: (720) 540-4977

Fax: (720) 540-4976

Toll Free: (866) 540-4977

Paducah Resource Center

Barkley Center, Unit 125

Paducah, KY 42001

Telephone: (270) 534-0599

Fax: (270) 534-8723

Toll Free: (866) 534-0599

Las Vegas Resource Center

Flamingo Grand Plaza

1050 East Flamingo Road, Suite W-156

Las Vegas, NV 89119

Telephone: (702) 697-0841

Fax: (702) 697-0843

Espanola Resource Center

412 Paseo De Onate, Suite “D”

Espanola, NM 87532

Telephone: (505) 747-6766

Fax: (505) 747-6765

Toll Free: (866) 272-3622

Savannah Resource Center

1708 Bunting Drive

North Augusta, SC 29841

Telephone: (803) 279-2728

Fax: (803) 279-0146

Toll Free: (866) 666-4606

Hanford Resource Center 

303 Bradley Blvd., Suite 206 

Richland, WA 99352 

Telephone: (509) 946-3333 

Fax: (509) 946-2009 

Toll Free: (888) 654-0014 

California Resource Center 

7027 Dublin Blvd., Suite 150

Dublin, California 94568

Telephone: (925) 606-6302

Fax: (925) 606-6303

Toll Free: (866) 606-6302
U. S. Department of Labor

Division of Energy Employees Occupational Illness Compensation 

200 Constitution Avenue, NW

Washington, DC 20210

(866) 888-3322