Establishing your Claim

First and foremost you must first make a claim under the EEOICPA. If you need assistance in filing a claim under the EEOICPA, we can assist you. Check out our EEOICPA Liaison Services.

When you file your claim under the EEOCIPA, you are making a claim that you worked at a specific covered facility and that you contracted a covered illness or occupational illness as a result of your employment.

Elements of a EEOICPA Claim

In the adjudication of an EEOICPA claim there are several elements that must be satisfied for your claim to be accepted. There are a total of four (4) major elements. As a former employee at a covered facility you will only need to satisfy three out of the four elements.

Supporting your EEOICPA Claim

In order to support your claim under the EEOICPA you must submit evidence which satisfies all of the three to four elements. The four elements you must satisfy are as follows:

Employment

If you have made a claim that you worked at Sandia National Laboratories in Albuquerque, New Mexico you will want to provide the DEEOIC evidence which establishes your employment at that facility for the time period you claimed.  You can do this by submitting employment records you have in your possession. 

If you don’t have copies of employment records, don’t stress. The DEEOIC will assist you in verifying and establishing your claimed employment. They will work with the Department of Energy, Corporate Verifies, and even the Social Security Administration to verify your claimed employment.

Medical

If you have claimed that you were diagnosed with a covered illness such as Pulmonary Fibrosis or another illness like lung cancer you will want to provide the DEEOIC evidence of your diagnosis. This is documentation you can request from your treating physician.

Once you have the medical documentation from your treating physician showing that date you were diagnosed along with any other appropriate medical documentation related to that diagnosis you will submit it to the DEEOIC in support of your claim.

Causation

Establishing causation under the DEEOIC is the more difficult element to satisfy under the EEOICPA. However, if you provided employment documentation and medical documentation you are almost there.

In most cases this is where the DEEOIC really helps you in establishing your claim. The DEEOIC has several tools at their disposal to assist you in establishing causation. To include NIOSH for completing dose reconstructions, the SEM which is a database of toxic substances with known casual links to various covered illness, toxicologists, and medical consultants who can opine whether or not you had plausible exposure that was a significant factor in causing, aggravating, or contributing your claimed illness.

Causation is a very complex and controversial element of the claims process under the EEOICPA. If you are running into some difficulty in establishing this element even with the assistance of the DEEOIC we may be able to help. We have a EEOICPA Liaison who specializes in assisting you in all aspects of the claims process.

Survivorship

In the event that you are a survivor of a former employee who worked at a covered facility under the EEOICPA, you have one more element you must satisfy. You must establish that you are an eligible survivor under the EEOCIPA. Their are different eligibility requirements under Part B and Part E of the EEOICPA.

We recommend that you read our blog post: Who are Eligible Survivors under Part B and Part E of the EEOICPA?

Examples of typical documentation that you will need to submit to the DEEOIC for satisfying the survivorship element are as follows:

• Death Certificate of Employee
• Your Marriage Certificate to the Employee, if spouse
• Your Birth Certificate, if surviving child
• School Records, Part E in some cases
• Medical Documentation, Part E in some cases

EEOICPA Liaison Services

Need Assistance with your EEOICPA Claim? We can help! Our EEOICPA Liaison can take this complex process and make it simple. We have received nothing but positive feedback from our patients and clients who have enjoyed the benefits of our EEOICPA Liaison Services.

You too can enjoy the benefits of our liaison services to include our in-home health care services and partnership with Total Options Equipment Providers. Get started today! Join the Loyal Service Agency family and let us work for you.

Simply give us a call at 1-855-485-6925. It will be the best call you make regarding your claim and benefits under the EEOICPA.