If you have been diagnosed with cancer, or lost a loved one to cancer, are you aware that there are funds available from the government to compensate you? The program, established in 1990, is called the Radiation Exposure Compensation Program, and provides monetary compensation to individuals who contracted certain cancers and other serious diseases following their exposure to radiation released during above-ground atmospheric nuclear weapons tests or, following their occupational exposure to radiation while employed in the uranium industry during the build-up to the Cold War.
Downwinders, or those persons who lived in certain areas around the test sites, are entitled to received $50,000. To qualify as a Downwinder, the claimant must have lived or worked in certain counties in Utah, Nevada, and Arizona for a period of at least two years during the period beginning on January 21, 1951, and ending on October 31, 1958, or, for the period beginning on June 30, 1962, and ending on July 31, 1962.
The counties covered in the State of Utah are Beaver, Garfield, Iron, Kane, Millard, Piute, San Juan, Sevier, Washington, and Wayne; in the State of Nevada, the counties of Eureka, Lander, Lincoln, Nye, White Pine, and that portion of Clark County that consists of townships 13 through 16 at ranges 63 through 71 (which does not include Las Vegas or any of the surrounding suburbs); and in the State of Arizona, the counties of Apache, Coconino, Gila, Navajo, Yavapai, and that part of Arizona that is north of the Grand Canyon in Mohave County.
The Downwinder must have also contracted one of the following specified diseases: leukemia (other than chronic lymphocytic leukemia), multiple myeloma, lymphomas (other than Hodgkin's disease), and primary cancer of the thyroid, male or female breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary bladder, brain, colon, ovary, or liver (except if cirrhosis or hepatitis B is indicated), or lung.
A Downwinder can file a claim on his or her own behalf, or a family member can file on behalf of a deceased family member if he or she would have qualified of living. There are several categories of claimants, other than a self-filer:
1. Spouse: A spouse can file on behalf of a deceased spouse, even if the living spouse has since remarried. To file on a spouse, you must have been married to him or her for at least one year prior to their death.
2. Parent: A child can file on behalf of a deceased parent if the there is no spouse living that would otherwise qualify to file a claim. You must share the compensation with an living sisters or brothers that you may have, including step-siblings who lived in the same household as the deceased parent.
3. Child: A parent can file on behalf of a deceased child. If both parents of the child are still living, they are entitled to share the compensation equally.
4. Grandparent: A grandchild can file on behalf of a deceased grandparent, but only if there is no living spouse, and no living children of the grandparent. All grandchildren share the compensation equally. A Grandparent may also file on behalf of a deceased grandchild if there is no parent living that is qualified to file a claim.
Onsite Participants are those persons who participated in above-ground nuclear testing or who worked at one of the test sites in Nevada, the Pacific, Trinity or South Atlantic. Those Participants are entitled to receive $75,000 if, after onsite participation, the participant contracted one of the following specified diseases: leukemia (other than chronic lymphocytic leukemia), lung cancer, multiple myeloma, lymphomas (other than Hodgkin's disease), and primary cancer of the thyroid, male or female breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary bladder, brain, colon, ovary, or liver (except if cirrhosis or hepatitis B is indicated), or lung.
Uranium Workers are entitled to received $100,000. There are three categories of uranium workers, including miners millers, and ore transporters.
1. Uranium Miners. Eligible individuals exposed to 40 or more working level months of radiation, or worked for at least one year in uranium mines located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, and Texas at any time during the period beginning on January 1, 1942, and ending on December 31, 1971. Compensable diseases include primary lung cancer and certain nonmalignant respiratory diseases.
2. Uranium Mill Workers. Eligible individuals employed for at least one year in uranium mills located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, and Texas at any time during the period beginning on January 1, 1942, and ending on December 31, 1971. Compensable diseases include primary lung cancer, certain nonmalignant respiratory diseases, renal cancer, and other chronic renal disease including nephritis and kidney tubal tissue injury.
3. Ore Transporters. Eligible individuals employed for at least one year transporting uranium ore or vanadium-uranium ore from mines or mills located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, and Texas at any time during the period beginning on January 1, 1942, and ending on December 31, 1971. Compensable diseases include primary lung cancer, certain nonmalignant respiratory diseases, renal cancer, and other chronic renal disease including nephritis and kidney tubal tissue injury.
If you or your loved one fall into any of these categories, please contact Laura Taylor, Attorney at Law, to determine how to proceed with filing a claim. Ms. Taylor can be reached at (928) 776-2457.
Tuesday, May 11, 2010
Are John McCain and Trent Franks trying to win votes in Mohave County?
On April 28, 2010, John McCain introduced legislation in the Senate which would add all of Mohave County to the Radiation Exposure Compensation Program. Two months prior, on February 26, 2010, Representative Trent Franks presented legislation to the House which would also add Mohave County to the program. Now, while I applaud the efforts of both McCain and Franks, I question the timing of the proposed legislation for a couple of reasons.
The Mohave County Downwinders started holding formal meetings many, many years ago. I remember attending my first meeting in Kingman, Arizona back in the fall of 2003. At one of the meetings, Trent Franks' assistant attended to let the group know of Mr. Franks' support of the group's mission. But yet, nothing happened.
Then a few months later, John McCain sent a young man to represent him at one of the meetings. This young man was very kind, and expressed McCain's concerns about the Downwinders of Mohave County. And again, nothing happened
Several members of the group, including the now-deceased Eleanore Fanire, met with former Congressman Rick Renzi in 2004 hoping to gain his support of the group's mission. While Mr. Renzi was very concerned about the forgotten Downwinders, again, nothing happened.
If you look at the text of both the Senate and the House legislation, you will notice it's length: one sentence. One sentence!!! Now I'm not a politician, but my guess is that it wasn't too difficult to put that legislation together. And it took seven years for these two men to get a one-sentence resolution into both the House and Senate. This fact leads me to believe that there was some other motivating factor for the recent interest in Mohave County.
Certainly the voters of Mohave County must be happy that their Senator and Congressman finally got that one-sentence resolution into the hands of the folks who can make a difference in the Senate and the House. But was the motivating factor the people of Mohave County? I hope so....
- Posted using BlogPress from my iPhone
The Mohave County Downwinders started holding formal meetings many, many years ago. I remember attending my first meeting in Kingman, Arizona back in the fall of 2003. At one of the meetings, Trent Franks' assistant attended to let the group know of Mr. Franks' support of the group's mission. But yet, nothing happened.
Then a few months later, John McCain sent a young man to represent him at one of the meetings. This young man was very kind, and expressed McCain's concerns about the Downwinders of Mohave County. And again, nothing happened
Several members of the group, including the now-deceased Eleanore Fanire, met with former Congressman Rick Renzi in 2004 hoping to gain his support of the group's mission. While Mr. Renzi was very concerned about the forgotten Downwinders, again, nothing happened.
If you look at the text of both the Senate and the House legislation, you will notice it's length: one sentence. One sentence!!! Now I'm not a politician, but my guess is that it wasn't too difficult to put that legislation together. And it took seven years for these two men to get a one-sentence resolution into both the House and Senate. This fact leads me to believe that there was some other motivating factor for the recent interest in Mohave County.
Certainly the voters of Mohave County must be happy that their Senator and Congressman finally got that one-sentence resolution into the hands of the folks who can make a difference in the Senate and the House. But was the motivating factor the people of Mohave County? I hope so....
- Posted using BlogPress from my iPhone
Wednesday, May 5, 2010
Summary of Proposed Changes to RECA Program
The text of both H.R. 5119 and S. 3224 are now available online at www.thomas.gov. I reviewed the text of both today and am providing this summary for those of you who do not want to muddle through the website and try to understand how the changes apply to you.
1. All of the following states would be added to the program: Idaho, Montana, New Mexico and Colorado. All of Arizona, Nevada and Utah would be included in the program. Guam would be added to the program.
2. Compensation would be $150,000 for all claimants. Those who filed claims and were paid in the past would be able to apply for additional compensation. For example, a claimant who received $50,000 for a Downwinder claim would be able to apply for an additional $100,000.
3. Presence requirements would change dramatically. A claimant would be required to show eligibility during one of the following periods: (a) one month during June 30, 1945 to July 31, 1945; (b) one year between June 30, 1946 to August 19, 1958, or (c) the period between April 25, 1962 to November 2, 1962.
4. Medical benefits would be given to Downwinders. Currently only uranium workers applying for compensation under the EEOICPA can receive medical benefits.
5. Uranium workers would be eligible to receive compensation if they were employed anytime prior to December 31, 1990.
6. Affidavits could be used to establish residence for Downwinders and Onsite Participants.
These would be dramatic changes to the program and would provide more compensation to tens of thousands of people who deserve it. I will continue to provide updates as they become available.
- Posted using BlogPress from my iPhone
1. All of the following states would be added to the program: Idaho, Montana, New Mexico and Colorado. All of Arizona, Nevada and Utah would be included in the program. Guam would be added to the program.
2. Compensation would be $150,000 for all claimants. Those who filed claims and were paid in the past would be able to apply for additional compensation. For example, a claimant who received $50,000 for a Downwinder claim would be able to apply for an additional $100,000.
3. Presence requirements would change dramatically. A claimant would be required to show eligibility during one of the following periods: (a) one month during June 30, 1945 to July 31, 1945; (b) one year between June 30, 1946 to August 19, 1958, or (c) the period between April 25, 1962 to November 2, 1962.
4. Medical benefits would be given to Downwinders. Currently only uranium workers applying for compensation under the EEOICPA can receive medical benefits.
5. Uranium workers would be eligible to receive compensation if they were employed anytime prior to December 31, 1990.
6. Affidavits could be used to establish residence for Downwinders and Onsite Participants.
These would be dramatic changes to the program and would provide more compensation to tens of thousands of people who deserve it. I will continue to provide updates as they become available.
- Posted using BlogPress from my iPhone
Subscribe to:
Posts (Atom)
