Eligible Survivors Under the EEOICPA

If an employee eligible for EEOICPA benefits is deceased, one or more of the employee’s survivors may file a claim for compensation as eligible survivors under the EEOICPA. The eligibility requirements are different for survivors under Part B and Part E of the EEOICPA.

Part B Eligible Survivors Under the EEOICPA:

Under Part B of the EEOICPA there is an order to survivor eligibility. First is the surviving spouse (married to employee at least one year prior to employee’s death) followed by surviving children, parents, grandchildren and grandparents, in that order. Let’s go into a little bit further detail about survivorship under Part B of the EEOICPA beyond just the order of survivor eligibility.

Under the EEOICPA, a spouse is defined as “A “spouse” of an individual is a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual.”

Surviving Spouse

In order for a surviving spouse to be eligible under Part B of the EEOICPA, the spouse must have been married to the employee for at least on year immediately before the employee’s death. If there is a surviving spouse and at least one child of the covered employee who is living and a minor at the time of payment and who is not a recognized natural child or adopted child of such surviving spouse, then half of such payment shall be made to such surviving spouse, and the other half of such payment shall be made in equal shares to each surviving child of the covered employee who is living and a minor at the time of payment.

Surviving Children

Under Part B of the EEOICPA, a child is defined as “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.”

If there is no surviving spouse for compensation to be paid, such payment shall be made in equal shares to all children of the covered employee who are living at the time of payment regardless of age.

Surviving Parents

If there is no surviving spouse or surviving children of the employee, such payment shall be made in equal shares to the covered employee who are living at the time of payment.

Under Part B of the EEOICPA, a parent is further defined as “A “parent” includes fathers and mothers through adoption.”

Surviving Grandchildren

If there is no surviving spouse and if there are no surviving children or surviving parents, such payment shall be made in equal shares to all grandchildren of the covered employee who are living at the time of payment.

Under Part B of the EEOICPA, a grandchild is defined as “A “grandchild” of an individual is a child of a child of that individual.”

Surviving Grandparents

If there is no surviving spouse and if there are no surviving children, surviving parents, or surviving grandchildren, then such payment shall be made in equal shares to the grandparents of the covered employee who are living at the time of payment.

Under Part B of the EEOICPA, a grandparent is defined as “A “grandparent” of an individual is a parent of a parent of that individual.”

Part E Eligible Survivors Under the EEOICPA:

Eligible survivors under the EEOICPA is substantially different under Part E from Part B. There is still an order to survivorship eligibility under Part E. However, survivorship only extends to the surviving spouse and to survivng children or more specifically a “Covered Child”. Parents, siblings, self-supporting adult children and other relatives are not eligible survivors under Part E of the EEOICPA.

Under the EEOICPA, a spouse is defined as “A “spouse” of an individual is a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual.”

Surviving Spouse

In order for a surviving spouse to be eligible under Part E of the EEOICPA, the spouse must have been married to the employee for at least on year immediately before the employee’s death. If there is at least one child of the employee who is living at the time of payment, who qualifies as a “covered child”, 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.

Covered 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.

So in another words  a “Covered Child” is a natural child, stepchild, or adopted child who lived with the deceased employee in a parent-child relationship who, at the time of the employee’s death, was:

• Under 18 years of age; or
• Under 23 years of age and a full-time student; or
• Any age and medically incapable of self-support

Again, Parents, siblings, self-supporting adult children and other relatives are not eligible survivors under Part E of the EEOICPA.

EEOICPA Liaison Services

As one of our clients you do not need to go it alone in obtaining benefits under the EEOICPA. Loyal Service Agency Inc. not only provides you the best in-home health care services but we also provide you our expertise and knowledge of the EEOICPA. We can assist you in filing a claim under Part B or Part E of the EEOICPA to include those who have filed under Section 4 or Section 5 of the RECA.

We specialize in assisting our clients and patients navigate the bureaucracy of the EEOICPA. Loyal Service Agency’s EEOICPA Liaison can also assist you in obtaining ancillary medical benefits, filing for reimbursement of out of pocket expenses, and many other available benefits under the EEOICPA.

Isn’t time for you to have someone dedicated to assisting you with your claims and benefits under the EEOICPA? Get your questions answered and join our family today by calling 1-855-485-6925.