1. Who is eligible to file a RECA claim?
Downwinders: a person must have lived in New Mexico, Idaho, Utah, and certain counties in Nevada and Arizona for one-year during the following periods of time:
New Mexico only - September 24, 1944, and November 6, 1962.
All other states - January 21, 1951, and November 6, 1962; or, the entire period from June 30, 1962, to July 31, 1962.
Onsite Participants: must have been present "onsite" above or within a government installation during a test involving the atmospheric detonation of a nuclear device. These areas include Nevada Test Site, Trinity Test Site, Pacific Test Site, and Atlantic Test Site. The test(s) must have been conducted by the United States prior to January 1, 1963, and does not include the wartime detonations at Hiroshima and Nagasaki, Japan.
Uranium Workers: individuals who worked in covered operations relating to uranium mining during the period of January 1, 1942, through December 31, 1990. The worker must have worked in a covered occupation and location for at least 1 year during the covered period or establish exposure to 40 or more working level months of radiation. If a Uranium Worker is approved under RECA, they can file a claim under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) for additional compensation and medical benefits.
2. Who can I file a claim on?
A claim can be filed for yourself, a deceased spouse, parent, child, grandparent, or grandchild. However, before submitting the claim to the Department of Justice, you must ensure that you are the proper party to file on behalf of another individual.
3. What is the compensation if my claim is approved?
The compensation for an approved claim is $100,000.
4. Is there a time limit to when I must file a claim?
Yes, all claims must be received by the Department of Justice on or before December 31, 2027.
5. If my claim was previously denied under the old legislation, can I file again?
Yes, you will be able to file a claim again as long as you meet the eligibility requirements.
6. Do I need an attorney to help me submit my claim?
No, you do not need to hire an attorney to submit your claim.
7. Is there a reason why I should hire an attorney?
It really depends on the individual claimant. Some claimants need help completing the forms, obtaining documentation, or they just do not want to do it themselves and it is worth it to them to pay the nominal fee.
Over the past 6 years, I have handled over 900 RECA claims. I possess in-depth knowledge of the requirements needed for a claim to be approved, and I'm well-versed in obtaining necessary documents from various agencies when required. If the Department of Justice deems your case is 'Deficient,' I will advocate on your behalf to identify the issues and ensure that a timely response is submitted before the deadline.
8. How much does it cost to hire an attorney?
Attorney fees are set by the government. If your claim is approved on the first filing, attorneys can only charge 2% of the recovery ($100,000), which amounts to $2,000. If a claim needs to be refiled, an attorney can charge 10%.
Please note, for Uranium Workers, if the attorney assists with filing your claim under the EEOICPA, the attorney can also collect 2% of that recovery as well.
Attorneys can charge for reasonable costs: postage, copying, obtaining records, etc. I do not charge for these "reasonable costs" as I see it as a part of doing business.
9. If my claim is denied, do I still have to pay the attorney?
No! If you do not receive compensation, the attorney does not receive compensation.
10. Can non-attorneys file claims on behalf of RECA applicants?
No! Contrary to some beliefs, under 28 CFR 79.74, Non-attorneys (other than representatives of an Indian Tribe or tribal organization) are not authorized to represent claimants or beneficiaries before the Program. While organizations may assist you in "helping" you fill out an application, they cannot submit them on your behalf or provide you legal advice.
11. Is the money I receive taxable?
No, the compensation you receive is not considered income and is not taxable.
12. Could my benefits (SSDI, SSI, State Medicaid, etc.) be stopped if I accept compensation?
Benefits under SSDI and SSI should not be affected if you accept compensation under RECA. There is specific rules under SSA guidelines where compensation received is not to be treated as income.
As for State benefits, if the benefits you receive are income-based, your benefits could be affected if you accept the awarded compensation as the State may classify the compensation as income. It is always best to reach out to confirm with the state agency to see if accepting compensation under the RECA program will affect your benefits.
13. Are medical benefits included in my RECA settlement?
For Downwinders and Onsite Participants, medical benefits are not included. For Uranium Workers, medical benefits are available by filing a claim and being approved under the EEOICPA program.
14. If I was previously approved before the RECA reauthorization was enacted, can I file a new claim to obtain the difference?
Unfortunately, no. There was language in previous bills to allow approved claimants to refile and receive the difference. This language was removed, to most likely cut down the cost. For my clients affected by this, I have directed them to contact their U.S. Senator or U.S. House of Representative to voice their concerns and request that this language be added back in.