TN 102 (01-09)

Citations:

20 CFR 416 Subpart K Appendix

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 for EEOICP

1. SSI income exclusion

Lump sum payments made under the EEOICP, including reimbursement for medical expenses, are excluded from income for SSI purposes.

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.

See SI 00830.740 stating that RECP payments are also excluded from income and SI 01130.680 stating that RECP payments are excluded from resources.

2. Interest on unspent EEOICP payments

Effective July 1, 2004, interest earned on unspent EEOICP payments is excluded from income for SSI purposes. (For the policy on dividends and interest, see SI 00830.500C.)

C. Verifying the payment

Verify that the payment is from the EEOICP by:

• Reviewing DOL documents in the claimant’s possession, or

• Contacting the local DOL district office by telephone. A list of the DOL district offices and telephone numbers is included on the DOL Internet website at: http://www.dol.gov/esa/regs/compliance/owcp/eeoicp/main.htm

  Click on, “EEOICP Contacts” on the right side of the screen, scroll down to the bottom of the page, click on, “EEOICP District Office Contacts”, then click on the state on the U.S. map to obtain the contact information.

D. Documenting EEOICP

1. EEOICP document

Use the Evidence (EVID) screen, a MSSICS Report of Contact (DROC) screen and lock it or an SSA-5002, Report of Contact, to record the determination that the EEOICP payment is excluded from income and resources and the following information from the EEOICP document: i.e., amount of the payment, date the payment was issued and that it represents payment under the EEOICP.

Alternately, fax the EEOICP document and the SSA-5002 documenting the income and resource determination into the Non-Disability Repository of Evidentiary Documents (NDRED) or the Certified Electronic Folder (CEF), as appropriate.

For the EEOICP resource policy, see SI 01130.690.

2. Contact with DOL

If the claimant does not have written notification of the EEOICP payment and a phone contact was made with DOL, document as follows:

a. MSSICS

For MSSICS cases, complete a MSSICS DROC screen and lock it or summarize on EVID the date of the DOL contact, contact person’s name, title, telephone number, whether the payment amount is from the EEIOCP, the amount and date the payment was made.

b. Non MSSICS

For non MSSICS cases, document the information in SI 00830.741D.2.a. on EVID or an SSA-5002, Report of Contact, and fax it into NDRED or CEF, as appropriate.

E. Reference

• SI 00830.740 - Radiation Exposure Compensation Trust Fund (RECTF) Payments

• SI 01130.680 - Radiation Exposure Compensation Trust Fund Payments

• SI 01130.690 - Energy Employees Occupational Illness Compensation Program (EEOICP)