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Dear Mr./Mrs./Ms. Claimant:
I am writing in reference to your claim for benefits under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA).
As you may recall, in {month/year} the Final Adjudication Branch (FAB) issued a decision denying your claim for compensation. The reason for denial, as explained in that decision, was primarily {explain the denial reasons, such as” the lack of medical evidence establishing the diagnosis of the claimed cancer”}.
In a current review of your claim, it is also noted that the Division of Energy Employees Occupational Illness Compensation (DEEOIC) previously advised you that the identified employment at {name AWE site} would not qualify for purposes of this program. This may have led you to not submit other evidence needed to establish your claim.
In December 2006, the National Institute for Occupational Safety and Health (NIOSH) issued a revised report dealing with residual radioactive contamination at facilities covered by the EEOICPA. In terms of your claim, this report found that {name AWE site} had potential residual contamination in {identify dates per NIOSH’s report}. Employment at that site during that time, whether by Atomic Weapons Employer or by subsequent owners or operators of the facility, is now covered under this program.
Additionally, NIOSH stated that for those sites for which they found the potential for significant contamination, that such contamination “could have caused or substantially contributed to the cancer of a covered employee with cancer.” My letter to you today is notifying you of the possible impact of residual radioactive contamination on claims for cancer.
I am advising you of your right to request a reopening of your claim for benefits. The EEOICPA regulations provide that a claimant may file a written request that the Director of the Division of Energy Employees Occupational Illness Compensation (DEEOIC) reopen his or her claim. The regulations further state that to support the request to reopen, the claimant must submit evidence of either covered employment or exposure to radiation. The NIOSH report establishes that your claimed employment may be qualifying for this program. However, this alone does not qualify you for reopening, as your claim was previously rejected for some other reason. Evidence must still be presented that overcomes the basis of your prior denial.
Attached is another copy of the final decision that was issued to you. Please review this carefully. If you want your claim reopened, you will have to provide documentation which overcomes the reasons for the previous denial. Such documentation must be submitted along with a signed statement requesting a reopening. The request for reopening and supporting documentation must be submitted to the following address:
{CE name}
DEEOIC XXXXXXXXXX Office
XXXXXX Street
City, State Zip Code
Please be sure to reference your claim number on any documentation submitted.
If you have any questions about this letter or about your claim in general, please feel free to contact me by calling this office toll free at (xxx) xxx-xxxx and asking for me by name. You may also write to me at the address shown at the top of this letter.
Sincerely,
{CE name}
Claims Examiner
Attachment: Final Decision