Calls Erupt for Investigation into Handling of EEOICPA Claims

The Alliance of Nuclear Worker Advocacy Groups (ANWAG) called on Congress last month, asking lawmakers to look into allegations made by a Department of Labor (DoL) whistleblower and published in the Washington Free Beacon, claiming Department of Labor officials mishandled claims for benefits under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). According to the whistleblower (a former attorney with the Department of Labor), DoL officials would create qualification requirements more stringent than those intended by Congress, would either not disclose all of the application rules and procedures or would change them after a claim had been initiated, or would purposefully delay paying compensation to claimants in the hopes that the claimants would soon die, thereby limiting the amount of benefits the Department would need to pay.

Basics of Benefits Available Under EEOICPA

The EEOICPA was crafted and passed by Congress as a means of compensating certain qualified individuals who worked at nuclear or other facilities and who thereafter developed certain types of cancer and other diseases as a result of their exposure to toxic substances. EEOICPA benefits can include up to $400,000 in benefits to help address their medical bills and lost wages attributable to their covered illnesses and/or conditions.

In order to receive these benefits, however, claimants must first establish that they are eligible to participate in the program. Not all individuals who were employees of the Department of Energy and/or who developed cancer are able to participate in the program and receive benefits. Specific information regarding eligibility to participate can be found on the U.S. Department of Labor’s website.

What Changes to EEOICPA are Being Sought?

The ANWAG and other advocacy groups are asking Congress to review the EEOICPA program in order to determine if the DoL whistleblower’s allegations are true. In addition to the conduct described above, the whistleblower claims that a general attitude of disdain toward claimants exists at the Department of Labor, and this leads to behaviors (such as the behaviors alleged to have taken place) that act to frustrate the goals for EEOICPA that Congress had in mind when it enacted the law. Far from being the efficient and simple method of obtaining benefits that Congress intended, the DoL whistleblower and ANWAG contend that the DoL has used its powers under the program to thwart and delay claimants’ claims for benefits.

What Can EEOICPA Claimants Do in the Meantime?

It remains to be seen what, if any, action Congress may take on ANWAG’s request for investigations and hearings. Advocates for injured Department of Energy workers hope that the Trump administration will be more interested in assisting injured workers more easily navigate the EEOICPA application process. If this hope bears out, claimants of EEOICPA and RECA benefits may reasonably expect an application process with clearer steps, shorter wait times before claimants are informed of the approval of their applications, and faster access to benefits once an application has been approved.