Address

City, State, Zip

 

Dear

 

I am writing regarding your claim for benefits under Part E of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA).

 

The Division of Energy Employees Occupational Illness Compensation (DEEOIC) is continuously re-evaluating cases under Part E as new information about toxins at Department of Energy (DOE) facilities is learned and as the scientific community identifies additional links between toxic substances and occupational illnesses. 

 

We recently reviewed your case and determined(summarize what is new that affects the case). 

 

However, in order to move forward, I must first vacate our previous decision(s) and reopen your case.  The attached Director’s Order explains the reason why the prior decision(s) is being vacated and your case reopened.  Please read this Order very carefully.  If any of the basic information has changed since your final decision was issued (such as medical condition(s) or employment dates), please contact this office immediately and ask for your assigned claims examiner.  Your information will be incorporated into your case file and considered in our decision.  Once our review is complete, a new recommended decision will be issued concerning your eligibility under the EEOICPA.

 

If you have any questions about the Director’s Order, please feel free to call my office, toll free, at:  (xxx) xxx-xxxx.

 

Sincerely,

 

 

 

[Name of District Director]

District Director

 


 

 

 

 

EMPLOYEE:                         [Employee Name]

 

CLAIMANT:                         [Claimant(s) Name]

 

FILE NUMBER:                      [Last 4 Digits of File Number]

 

DOCKET NUMBER:                    [Insert Docket Number]

 

 

DIRECTOR’S ORDER

 

On [date] you were issued a final decision denying your claim for benefits under [Part E] of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA or Act).  A final decision may be reopened at any time on motion of the Director of the Division of Energy Employees Occupational Illness Compensation (DEEOIC).  Because of new developments described in this Director’s Order, the [date] Final Decision under Part E of the EEOICPA is vacated and your case reopened under this provision.

 

BACKGROUND

 

[Provide a concise and accurate synopsis of the claim’s history.  Some sample paragraphs are provided here, though these should be altered to tailor-fit the specifics of the case.]

 

The evidence of record shows that [claimant name] filed Form [EE-1 or 2] (Claim for [Survivor] Benefits under the EEOICPA) under Part E on [date].  It was asserted that the employee [employee name] developed [Diagnosis] as a result of employment at the [site/facility].  Medical documentation established the claimed condition. 

 

Under the Act, in order to have a compensable Part E claim, it must be shown that it is at least as likely as not that exposure to a toxic substance at a Department of Energy (DOE) facility was a significant factor in aggravating, contributing to, or causing the illness; and it is at least as likely as not that the exposure to such toxic substance was related to employment at a DOE facility.  Our previous evaluation of your case resulted in a negative determination because (give a reason such as, there was insufficient evidence that your work at name of facility resulted in exposure to a toxic substance that was a factor that caused, contributed to or aggravated your illness). 

 

DISCUSSION (Note:  This needs to identify what has changed since the Part E Denial)

 

As part of DEEOIC’s processes, a review of your file was conducted.  This review indicated that you were involved with (Job process, such as explosives fabrication or Labor Category) at the (name of facility, such as Mound Plant) and this job process involved exposure to (name of toxin, such as 4,4'-Methylenebis-(2-chlorobenzenamine) [MOCA]).  Based upon (New information – specify such as new evidence, new link between toxin and diagnosis, change to SEM)there has been a material change to your case.  Because of this change, your previous final decision issued [date] must be vacated. 

 

CONCLUSION  

 

The [date] final decision is vacated and a new recommended decision will be issued to you shortly.  If you disagree with the new recommended decision, you will have the opportunity to file an objection and request an oral hearing or review of the written record.

 

[City of district office]

 

 

 

                                [Name of District Director]

                                 District Director

 

 


 

 

CERTIFICATE OF SERVICE

 

I hereby certify that on                                                  a copy of the Director’s Order was sent by regular mail to the following:

 

Addressee

Address

City, State, Zip

 

 

                                  [Name of District Director]

                                  District Director