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How to Adjudicate a Claim Under the EEOICPA

The Energy Employees Occupational Illness Compensation Program (EEOICP) provides benefits to eligible employees who suffer from beryllium disease under the Energy Employees Occupational Illness Compensation Program Act of 2000. EEOICPA claims can be filed with the Department of Labor online or an applicant can contact an Energy Employees Occupational Illness Compensation Resource Center to find out how to file in person.

According to the Department of Labor, there is two-step process to determine a claimants entitlement to EEOICPA benefits.

  • One of the four district offices for the Division of Energy Employees Occupational Illness Compensation (DEEOIC) must make a recommended decision on the claim.
  • Next, the districts recommendation is forwarded to the Final Adjudication Branch (FAB), which is a separate branch of the DEEOIC that issues final agency decisions on EEOICPA claims. The FAB considers any objections the claimant may have to the recommendation and, if requested by the claimant, conducts a hearing. If necessary, the FAB can remand the claim to the DEEOIC district office for further development.

Based on the objections and the hearing, the FAB makes a final decision on the claim. The FAB also can grant or deny request for reconsideration of its final decision. If the claim does not seek reconsideration of the FABs final decision, the claimant has exhausted all the administrative review opportunities available to him or her.

If a claimant disagrees with the FABs final decision, he or she can seek judicial review in federal court. A skilled attorney can help.

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