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The Radiation Exposure Compensation Act (RECA) is a federal statute that provides compensation to people who developed cancer as a result of being exposed to hazardous radiation that was put into the environment when the United States government was conducting extensive atomic testing. RECA benefits are available to several different classes of claimants, including U.S. military personnel and atomic experts who were employed at testing sites, uranium miners, millers and transporters, and civilians who lived in certain western countries that were unintentionally exposed to radiation due to wind patterns.

If you or one of your family members meet the exposure requirements and also developed a qualifying medical condition, you are entitled to RECA benefits. Unfortunately, these benefits can be difficult to obtain. You need to ensure that your application is completed properly, with all relevant documentation included, so that your claim can be processed as soon as possible. If your claim has been denied, you are not out luck. You have the legal right to file an appeal.

RECA Benefits: The Basics of the Appeals Process

Your claim for RECA benefits will be handled by Radiation Exposure Compensation Program (RECP), an office that was established by and is operated under the United States Department of Justice (DOJ). Should you submit a claim to RECP, only to have it rejected, you will have to follow the agency’s required administrative remedy process, before you are able to seek any review from a judge.

1. Resubmission (Maximum of Three Times)

First and foremost, applicants who have had their RECA benefits denied are encouraged to resubmit their claim. Though, you should only refile a claim if you are including at least one form of new supporting evidence or one piece of additional documentation. This is important as often, RECA benefit claims are rejected simply because the RECP determines that insufficient evidence was provided. Applicants may refile their RECA claim up to three different times.

2. Written Appeal

The second step in the appeals process is filing a written administrative appeal with RECP. You should elevate your claim to this step if you have already provided all of the evidence that you can possibly get your hands on. If there is still more evidence or documentation to be added to your claim, it is better to simply refile it so that you can preserve your remaining legal options for as long as possible. Once you submit your written appeal, the Department of Justice has up to 60 calendar days to issue a decision. The DOJ has the authority to uphold the initial claim denial, reverse the denial, or remand your case for further proceedings or fact-finding.

3. Judicial Review

People seeking RECA benefits have the legal right to file a lawsuit in the appropriate United States District Court. However, this can only be done after all other administrative remedies have been exhausted. As a general rule, it is best for RECA claimants to keep their file in the administrative process as long as possible, adding as much evidence as they can before they file a lawsuit. Litigation is always the last option.