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Atomic Heritage Foundation > Forums > E.E.O.I.C.P.A. > Re: Filing
 
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Tikawe
Registered: 05/11/08
Posts: 4

Contact using Yahoo

    10/17/09 at 04:23 PM
Reply with quote#1

Is there a deadline for filing a claim?  Thank You

Thomas01
Registered: 12/14/06
Posts: 167

    10/25/09 at 03:16 PM
Reply with quote#2

There is no deadline for filing - as long as Congress makes EEOICP compensation a part of the budget each year.  And I think they will keep funding it, the big reason being the annual payout has decreased the last couple of years and will keep decrease more and more each year.  One reason is that most of those eligible have already been informed and filed.  And that's thanks in large part to a large percentage of those coming to Oak Ridge stayed in the area for good - and most of their descendants chose to stay as well.  (Can't blame them with Oak Ridge's good climate, economy that's relatively unaffected by recession, arguably the best freshwater fishing in the U.S., etc, etc).  Because many still live in or near Oak Ridge, most K-25, Y-12, and X-10 claimants learned of their eligibility or possible eligibility seven or eight years ago.  That's significant because the $1.081 billion paid to Tennessee residents ($990 million cash, rest medical) accounts for 1/5 of the total EEOICP payout.  TN has received more than the #2 and #3 states combined (New Mexico @ $454 million; Colorado, mainly Rocky Flats claimants, @ $435 million).  With all that's offered to them, Colorado residents of course have a tendency to stay put as well...  So just like most Oak Ridge claimants, most Rocky Flats claimants learned of their eligibility many years ago.

The number of eligible workers and spouses filing drops dramatically each year - because many have passed away.  That is another significant reason for the annual EEOICP payout decreasing (probably even more significant than the Oak Ridge factors).   Living workers average roughly a total payout of $225,000 ($150K base, $70K impairment, $5K medical).  And in cases where the worker was never compensated, the surviving spouse receives $275,000 at least 80% of the time (only if cancer had absolutely nothing to do with the worker's death does the spouse only get $150K).  And in many cases a worker receiving base and impairment and then dying means the total payout to the family jumps to $350K or more IF he or she has a surviving spouse at the time of death.  A spouse is always eligible for the $125K death benefit if a covered cancer was a contributing factor to death (only when the worker received over $275K prior to dying does the spouse get less than $125K--because $400K is the max per family).

Anyway, roughly a $300,000 average payout when if the worker and/or spouse are the ones being compensated.  On the other hand, when both worker and spouse are deceased and were never compensated, the DOL's total bill is almost always $150,000.  A worker's child(ren) do not receive the additional $125K UNLESS one or more was under 18 or under 23 and enrolled in college at the time of the worker's death - or if there is irrefutable proof of one or more of the worker's children being too mentally or physically disabled to support themselves at the time of the worker's death).

Sorry, didn't mean to write a novel...  Just wanted people to see why Congress will almost surely fund the EEOICP for many years to come.

***I'm not making any accuasations but I do know the deadline question is regularly asked by surviving children who'll receive nothing if their stepmom or dad finds out they're eligible and subsequently becomes compensated prior to death.  I was even chewed out by such a child after I had informed his stepdad that his wife's work at Oak Ridge and subsequent death from a covered cancer = he's owed $275K.  That adult child had no one but his mother to blame for the stepdad being the only one eligible... People don't realize the rights they're taking away from their children when they decide they "have to" remarry late in life.  Wills, wishes of estate executors, and even prenuptial agreements are NEVER allowed to have any bearing on any EEOICP matter, eligibility determination or otherwise.  If spouse is set to get 100% of the payout then his or her death is the only thing that can result in a worker's child(ren) becoming eligible.
Tikawe
Registered: 05/11/08
Posts: 4

Contact using Yahoo

    10/27/09 at 01:12 PM
Reply with quote#3

Thank you so much for all the information.  It took me 1 yr. to get my dad's medical record from the VA.  I finally wrote to my Congressmen, Daniel Akaka.  I really stirred up things @ the Military & Personnel Record Division, Tripler Army Medical Cntr. & of course the VA.  I finally got my dad's medical records & now in the process of filling out the application.  Again, thank you.

Germaine
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