TN 57 (01-09)

Citation: 20 CFR 416.1236

A. Background

The EEOICP was established to pay claims for benefits under the Energy Employees Occupational Illness Compensation Program Act of 2000 (the EEOICP Act).

The EEOICP Act authorizes lump sum payments and the reimbursement of medical expenses to employees of the Department of Energy (DOE) or of private companies under contract with DOE, who suffer from specified diseases as a result of their work in the nuclear weapons industry. The EEOICP Act also authorizes compensation to the survivors of these employees under certain circumstances.

The Department of Labor (DOL) is responsible for the administration, adjudication, and payment of claims under the EEOICP. DOL makes payments from the Energy Employees Occupational Illness Compensation Fund. Part B and Part E of the EEOICP have different effective dates, illness criteria, and medical/compensation allowances.

1. Part B of the EEOICP

Part B is effective July 31, 2001 and includes compensation of:

• $150,000 for a covered employee or his or her survivors, and

• $50,000 for a covered uranium worker or his or her survivors who previously received compensation of $100,000 by the Department of Justice under Section 5 of the Radiation Exposure Compensation Act.

2. Part E of the EEOICP

Part E is effective October 28, 2004 and includes variable compensation up to $250,000 based on wage loss, medical expenses, impairment, and survivorship.

B. Policy

1. Unspent EEOICP payments

Unspent EEOICP payments are excluded from resources.

NOTE: Individuals who are eligible under Section 5 of the Radiation Exposure Compensation Program (RECP) may also be eligible for compensation and paid medical expenses under the EEOICP. RECP payments are paid from the Radiation Exposure Compensation Trust Fund (RECTF) and are also excluded from SSI income and resource counting per SI 00830.740 and SI 01130.680 respectively.

2. Interest on unspent EEOICP Payments

Interest on the unspent EEOICP payment is subject to normal resource counting rules the month after receipt.

C. Procedure

1. Development

a. Claimant is ineligible due to excess resources

If the claimant is ineligible due to excess resources, but alleges that his or her resources include an EEOICP payment:

1. Follow the procedures in SI 01130.690C.2. to verify that the source of the payment is from EEOICP,

2. Exclude the unspent portion of the EEOICP payment from the claimant’s resources if verification confirms the payment was made under EEOICP.

3. If the claimant is still ineligible based on excess resources after excluding the unspent EEOICP payment, consider any other resource exclusions, e.g., conditional payments per SI 01150.200 through SI 01150.210.

b. Claimant is resource eligible before the EEOICP payment

If the claimant is resource eligible before receiving the EEOICP payment, verify that the source of the payment is from the EEOICP per SI 01130.690C.2. and document per SI 01130.690C.3.

2. Verification

Verify that the payment is from the EEOICP by:

• DOL documents in the claimant’s possession, or

• Contacting by phone, the local DOL district office. A list of the DOL district offices is located on its Internet website at: http://www.dol.gov/esa/regs/compliance/owcp/eeoicp/main.htm . Click on EEOICP contacts in the right column. Go to the bottom of the next screen and click on EEOICP District Office Contacts. On the map on the next screen, click on the state to obtain the contact information.

3. Documentation

Include on EVID, a locked DROC screen, or an SSA-5002, Report of Contact, the type of evidence received, amount of the unspent EEIOCP payment, and the determination that the amount is excluded from resources.

If a contact is made with DOL, record the contact person’s name, title, phone number, and whether the payment was made under EEOICP.

If an SSA-5002 is prepared, fax it into the Non-Disability Repository or Certified Electronic File/Electronic File, as appropriate.

D. References

• SI 00830.741 - Exclusion of EEOICP payments from income

• SI 00830.740 - Exclusion of RECTF payments from income

• SI 01130.680 - Exclusion of RECTF payments from resources

• SI 01130.700 - Excluded funds commingled with non excluded funds