20CFR30.101 - In general, how is a survivor's claim filed?


	Content Last Revised: 5/25/01 ---DISCLAIMER---

CFR

Code of Federal Regulations Pertaining to ESA

Title 20

Employees' Benefits

Chapter I

Office of Workers' Compensation Programs, Department of Labor

Part 30

Compensation for Disability and Death of Noncitizen Federal Employees Outside the United States

Subpart B

Filing Claims; Evidence and Burden of Proof; Special Procedures for Certain Cancer Claims

20 CFR 30.101 - In general, how is a survivor's claim filed?

Section Number: 30.101
Section Name: In general, how is a survivor's claim filed?

    (a) Any survivor of an employee who sustained an occupational 
illness may file a claim for compensation in writing on or after July 
31, 2001. Form EE-2 should be used for this purpose, but any written 
communication that requests benefits under the EEOICPA will be 
considered a claim. It will, however, be necessary for a claimant to 
submit a Form EE-2 for OWCP to adjudicate the claim. Copies of Form EE-
2 may be obtained from OWCP, from DOE, or from OWCP's home page on the 
Internet at http://www.dol.gov/owcp/. The claiming 
survivor must file his or her claim with OWCP, or another person may do 
so on the survivor's behalf. Although only one survivor need file a 
claim under this section to initiate the adjudication process, OWCP 
will distribute any monetary benefits paid among all eligible surviving 
beneficiaries pursuant to the terms of Sec. 30.501.
    (b) A survivor may withdraw his or her claim by so requesting in 
writing to OWCP at any time before OWCP determines eligibility for 
benefits.
    (c) A survivor must be alive to receive any payment; there is no 
vested right to such payment.
    (d) A survivor's claim is considered to be ``filed'' on the date 
that the survivor mails his or her claim to OWCP, as determined by 
postmark, or the date that the claim is received by OWCP or DOE, 
whichever is the earliest determinable date, but in no event earlier 
than July 31, 2001.
    (1) Form EE-2 shall be sworn to by the survivor, or by the person 
filing the claim on behalf of the survivor.
    (2) Except for the survivor of a covered uranium employee, the 
survivor
is responsible for submitting, or arranging for the submission of, 
evidence to OWCP that establishes that the employee upon whom the 
survivor's claim is based was eligible for such benefits, including 
medical evidence that establishes that the employee sustained an 
occupational illness.