Tuesday, March 29, 2011

NEWS UPDATE - New RECA Amendment Bill To Be Submitted To The Senate

NEWS UPDATE:   To all who have been eagerly awaiting news regarding any potential changes to the Radiation Exposure Compensation Program:  Margaret (my assistant) spoke with representatives from the offices of Senator Mark Udall (Colorado) and Senator Tom Udall (New Mexico) who intend to co-sponsor a new bill, along with Senator Mike Crapo (Idaho) to be introduced to the Senate sometime in April, 2011.  This bill will be similar to the Radiation Exposure Compensation Act Amendments of 2010, and will have additional suggested changes to the program.

Stay tuned for the most recent updates, and an overview of the bill itself.

Thursday, March 24, 2011

The Stories of Downwinders: Roberta Larsen

Meet 63-year-old Roberta Larsen**—retired waitress, grandmother of five, and lifelong resident of Northern Arizona.  She is known throughout her community for her generosity, her love of animals, and her blackberry pies.  You may have seen her on a summer day, brewing sun tea on her patio or tending to her trophy tomato plants.

In 2009, Roberta and her family received some of the worst news of their lives: Roberta was diagnosed with breast cancer after noticing pronounced pain and swelling in her left breast.  The Larsens were devastated…What if Roberta didn’t live to see her youngest daughter’s wedding or the birth of her next grandchild?  How would she cope with the stress and difficulty of the treatment process?  How could the family ever pay off the mountain of medical bills? 

Fortunately, after receiving a mastectomy and completing a chemotherapy regimen, Roberta went into remission.  She was fatigued, underweight, and thousands of dollars in debt, but overjoyed to be alive. 

As her life slowly began to return to normal, Roberta realized she might qualify for compensation under the Radiation Exposure Compensation Act.  Growing up, she had only been vaguely aware of the aboveground atmospheric nuclear tests being conducted in the Southwest, but over the years, she had met many local people who had become seriously ill from the fallout.  She knew that a number of these people had successfully filed claims with the Department of Justice and decided to try filing her own claim.

Optimistic about the prospect of compensation but overwhelmed by the claims process, Roberta contacted our office.  Touched by her story, we happily took her on as a client. 

I am pleased to write that after seven long months of filling out paperwork, collecting documentation, and dealing with the Department of Justice, we have landed Roberta a $50,000 settlement.  Roberta’s settlement will help significantly with her medical bills, allowing her to continue enjoying her retirement free from the anxiety of massive debt. 

Congratulations, Roberta, from everyone at the Law Offices of Laura J. Taylor.  Here’s to your health and happiness!

(**name has been changed for confidentiality purposes)

Tuesday, March 8, 2011

What Happened?

What happened to all those pending bills that were supposed to make the Radiation Exposure Compensation Program better?  Sadly, all of those proposed (described in my April 11, 2010 blog post) changes have "died in committee."

What exactly does this mean? Well, when a bill is introduced in Congress, it is assigned to a committee--a group that reviews bills dealing with a certain topic, for instance, education, finance, or homeland security.  Many bills never make it out of the committee to which they are assigned. In some cases, a committee simply fails to act on a given bill. When this occurs, the bill is said to have "died in committee," and it never becomes a law.

The six bills that were introduced in the House and in the Senate never made it out of committee, so Congress chose not to make any changes to the Radiation Exposure Compensation Act in 2010.  So where do we go from here? In order to get Congress to once again consider making much-needed improvements to the Radiation Exposure Compensation Program, we need a Congressperson (or Congresspersons) to reintroduce the bills. If want change, as I know so many of you do, you must take an active role in this process by writing to or calling your Representative or Senators.

You can find your Representative's contact information by following the instructions at https://writerep.house.gov/writerep/welcome.shtml.

Your Senators' contact information can be found at http://www.senate.gov/general/contact_information/senators_cfm.cfm?OrderBy=last_name&Sort=ASC.

Finally, if you'd like some advice on writing an effective letter to a Congressperson, here is a helpful link:
http://usgovinfo.about.com/od/uscongress/a/letterscongress.htm.

Have a great week!

Monday, August 30, 2010

The Stories of Downwinders

I am starting a new blog series this week about the stories my Downwinder clients have shared with me over the years, and the process my clients go through to get the compensation they deserve. These stories are sad, but yet inspiring, and while I do not have the time to compile every story into a book, as I would like to do some day, I do have time to share them with you on this blog.  Enjoy!

Let me introduce you to Jose*, my first Downwinder client. He literally walked into my Prescott office by chance sometime in 2000 with no appointment made in advance and no referral from another lawyer. I invited him in to sit for a while, gave him a glass of water and decided to listen to his story.

Jose was a sweet, quiet and unassuming man, who had just recently lost his wife to lung cancer. Left with her four boys to raise on his own, and too many medical bills to mention, her death left him in a precarious financial situation. Jose had read a newspaper article about the Downwinder program in the local paper, and thought maybe he might qualify for the compensation. I read through that article, having never heard of the program before, and told him I did not think I could help. While it certainly sounded like an interesting program, it was definitely not my area of expertise. I explained to him gently that I had never filed a claim before, did not know how the program worked, and was clearly not the best attorney for the job. He considered those to be lousy excuses, and pleaded with me to represent him.

Setting all excuses aside, I decided to give it a try. I was a new attorney, and really had not figured out what my “niche” was going to be. Little did I know that it would take five years (yes, five!) to get Jose’s claim approved. The paperwork was complicated, and Jose’s common-law marriage to his wife was not recognized by the Department of Justice. I was concerned throughout the process that because Jose wouldn’t qualify for compensation because his wife had been a lifelong smoker. Much to my frustration, the Department of Justice denied the claim because of the common-law marriage issue. I decided not to give up and re-filed the claim on behalf of the four boys, several of whom were minors, and one of whom was stationed overseas in the military. What a process! The smoking issue because a non-issue, as I later learned that lung cancer is covered regardless of whether the victim was a smoker.

When the claim was finally approved, much to my surprise, Jose brought his entire family to meet me when the checks were issued. What a treat to meet this wonderful family that I had been working with for five years. About a year later, I went on to file a second claim on behalf of Jose and his sisters and brothers for their mom who had lost her battle with cancer.

And that is how it goes in this business. One claim sadly leads to another and another. I have filed claims for children who have lost both parents to cancer, and then have gone on to develop cancer themselves. It is sad to see so many family members lost to cancer, but for those who do survive, the money can make a huge difference.

Until next time, have a great week.
 
*Names have been changed.

Sunday, June 20, 2010

Why I Do What I Do

Just returning from my second one-week vacation in the last month. Thanks to all of my friends, co-workers, and clients who have patiently hung in there while I was gone. I am back in the office tomorrow and will be getting caught up from my time away. Every so often, I take a much-needed extended vacation to re-group and re-charge, and this was one of those breaks.

For the past several months, I have been blogging about the Radiation Exposure Compensation Program - who qualifies for compensation, the politics behind the program and possible changes that may happen to the program. It has been a learning experience for me, and I have enjoyed writing information that I hope will educate the reader. But it occurred to me that I have never shared why I do what I do and why I feel passionate about helping Downwinders and others impacted by aboveground nuclear testing.

I was not alive when our government was still firing off nuclear bombs above ground. No, I did not get to experience the awe-inspiring sight of a mushroom cloud. I never sat in a school yard with my classmates, wearing a “badge” that would measure the amount of radiation to which I was exposed, and my family did not live even remotely near the test site. Because of this, I have never buried a family member who died because of a radiation-related illness. I have not seen my classmates falling ill to numerous and varied cancers. I have not stood in a graveyard and been able to identify the type of cancer that every headstone represented.

I do not represent Downwinders for the money. Last I heard, there was only a handful of attorneys filing RECP claims with the Department of Justice. And most, if not all of these attorneys, have to practice in other areas to make ends meet. That is true for me as well, so I help my clients with estate planning, and handle some probates along the way. I dabbled in representing foster children or their parents who were involved in the child welfare system. The government has limited the amount of fees that attorneys can collect because they want the client to get the bulk of the compensation. This is entirely fair, and I have absolutely no complaints about making a small fee for each claim.

The reason I chose to work in this field is because of Jose, Dana, Margaret, Antonio, and Mark; and for every other client who has lost a spouse, a parent, or a child to cancer. I do this for every client who has spent sleepless nights wondering if they will survive their cancer treatment, and for every client who did not survive. For sweet Mary Jane, who, at 50 years old, could not tell her sons that she only had a few months left to live, and for Harold, who wanted to spend his last few months driving a snazzy little red convertible (funded by the government, of course). For the funerals that I have attended for the clients who died prematurely; for the tears I have wept over the loss of so many lives; for Eleanore, who didn’t get to see her dream of having Mohave County compensated.... I do this for you.

I also do this because I know that certain companies that are non-attorneys can charge a much, much higher fee that an attorney can to file a claim for a Downwinder. This has always been unfair, in my opinion, because if lawyers are regulated by the DOJ, then non-lawyers should be as well. I do not think anyone but the client should profit from their exposure to radiation. I can file the same claim and offer personalized, compassionate service at a lower fee than a non-attorney can. 

Finally, I do this because it is the right thing to do. Not every client is able to file their own claims - or frankly, wants to file their own claim. I am providing a service, and at the end of the day, I want to be proud of what I spend my waking hours doing. Thanks to all of the clients who have trusted me with their claims, and for the family members of the clients who have passed. God bless you all.

Tuesday, May 11, 2010

Funds Available For Cancer Victims and Their Families; An Overview of the RECP Program

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.

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....


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©2011 LAURA J. TAYLOR.