Frequently Asked Questions
What is the Energy Employees Occupational Illness Compensation Program?
EEOICPA is administered by the Department of Labor, Office of Worker Compensation Programs, on behalf of the U.S. Federal government. The law was enacted in 2000 by Congress and went into effect in 2001. EEOICPA covers workers and work sites currently or formerly administered by the Department of Energy (DOE) and Atomic Energy Commission.
The Department of Labor, Office of Worker Compensation Programs, administers EEOICPA and other federally mandated programs, such as Coal Miners Workers Compensation (DCMWC), Longshore and Harbor Workers Compensation (DLHWC) and the Federal Employee’s Compensation (DFEC).
Is this program real? Is this a scam?
This is the real deal. As of January 2019, over 118,000 claims have been approved and over $15 billion paid in compensation and medical benefits. The AtomicWorkers™ Advocacy Group have worked directly with each of the DOL District Offices; we’ve been vetted by District Attorneys and Law Enforcement professionals.
Do I need an attorney to file a claim under EEOICPA?
No, you do not need an attorney. Attorneys are seldom “experts” in EEOICPA policies and procedures. Attorney fee structures often provide for "exceptions" which drive your actual cost/fees significantly higher than 2% of your award.
What is an Authorized Representative under EEOICPA?
An Authorized Representative is a person a claimant legally appoints to act on their behalf in dealings with the Department of Labor for EEOICPA claims. There are a small number of EEOICPA Authorized Representatives who are truly experts and focus solely on EEOICPA matters. An Authorized Representative provides expert guidance and professional service in managing your claim from start to conclusion.
What do you charge for your services?
The AtomicWorkers™ Advocacy Group, www.atomicworkers.com – Al Frowiss Jr. and www.Frowiss.org – Albert B. Frowiss Sr. are the leading EEOICPA Advocates and Authorized Representatives in the U.S. Our fee structure is simple; if you win, your fee is 2% of the award. If you do not win, you owe nothing. EEOICPA allows an Authorized Representative to charge a maximum of 2% for New Claims, and up to 10% for Prior Denials. We charge 2% for New and Prior Denial claims.
Can I file a claim on my own?
Yes. If you have the time, patience and fortitude you may be successful. Of course, we want your business. Our caution is that you review the historical approval rates on the DOL web site. Approximately 50% of all claims are denied. There are many reasons for this. Check this link for the latest statistics:
What is a Special Exposure Cohort (SEC) and why does this matter?
The Energy Employees Occupational Illness Compensation Program Act established a Special Exposure Cohort (SEC) for certain classes of employees. The SEC allows eligible claimants to be compensated without the completion of a NIOSH radiation dose reconstruction or determination of the probability of causation. To qualify for compensation as a member of an SEC class, a covered employee must have at least one of the 22 specified cancers and worked for a specified period of time at one of the SEC designated work sites.
If a worker qualifies under guidelines for an SEC, the procedure is more expedient, there is a presumption that radiation was the likely cause for the medical condition, and thereby, the burden of proof is lessened on the claimant.
Is EEOICPA compensation taxable under Federal or State guidelines?
The simple answer is NO; The AtomicWorkers™ Advocacy Group are not tax accountants, nor tax attorneys; we do not provide financial or tax advice. Each claimant should seek their own professional opinion on this question. In some States, where a claimant is currently receiving State financial/housing assistance, potential claimant should seek professional advice before concluding a claim.
The full text of the EEOICPA law is provided below. A specific clause states:
“Compensation or benefits provided to an individual under this (EEOICPA) …
(1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of Title 31, or the amount of such benefits.
Pub. L. 106-398, Title XXXVI, § 3646; Pub. L. 108-375, § 3162(e)
Section 3803(c)(2)(C) of Title 31
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The AtomicWorkers™ Advocacy Group
EEOICPA Compensation & Benefits
New Claims, Prior Denials & Impairment
$150,000 to $400,000 Tax Free Awards
Everyone we speak with has questions on the law, process and want to know up front their chances of "winning". EEOICPA claims can be very confusing and time consuming to understand the forms and learn the requirements. There are many simple answers, but there are also many more situations where the answer depends on several other factors.
Going through this process for hundreds of clients and over 3,500+ approved claims, we understand the process, short cuts and rationale for why cases are approved or not approved.
The AtomicWorkers™ Advocacy Group can help, and our nominal fee will be well worth your time and satisfaction.