FAQs: Claimant Correspondence

The Acknowledgement Letter lets claimants know that NIOSH received the case from the Department of Labor (DOL) for dose reconstruction and provides general information on the dose reconstruction program. An example of the acknowledgement letter and the enclosures provided with the letter are listed below:

• Example of the Acknowledgement Letter [52 KB (6 pages)]
• Employment and Cancer Information as Reported by the DOL [23 KB (2 pages)]
• Overview of the Dose Reconstruction Process under The Act [37 KB (2 pages)]

You will receive the acknowledgement letter when NIOSH has received your case for compensation under EEOICPA (The Act) from DOL.

No action is required by you at that time.

If you have additional questions about the acknowledgement letter, you can call your NIOSH Program Analyst directly (their name and number are provided on the letter). You can also call NIOSH toll-free at 1-877-222-7570.

This letter provides information about a phone call that each claimant (energy employee or survivor) will have the opportunity to participate to discuss the energy employee’s work history. A list of questions included in the letter provide claimants with the chance to share additional information about their work history that might not be found in the exposure monitoring information we receive from the Department of Energy (DOE) or Atomic Weapons Employer (AWE).

• Example of the Work History Phone Call Letter (Cover Letter) [331 KB (3 pages)]
• Examples of the Questions for the Energy Employee [518 KB (10 pages)]
• Examples of the Questions for the Survivor [487 KB (6 pages)]

Our contractor ORAU will send the work history phone call letter shortly after you have received the Acknowledgement Letter.

If you decide to answer the questions (participation is voluntary), and feel that you are ready to schedule your call, please call us Toll-Free at 1-800-790-ORAU (1-800-790-6728) and ask to speak to a scheduler. You can also call this number if you wish to decline the phone call.

The phone call summary report summarizes the information you provided to us during your initial phone call about the energy employee’s radiation and exposure history. You will receive this report after the phone call has occurred. The report provides you with an opportunity to review the information you provided to us. Your review will help us ensure the information accurately reflects what you stated during the phone call.

• Phone Call Summary Report (Cover Letter) [452 KB (1 page)]

If you have additional questions about the letter, please call us Toll-Free at 1-800-790-ORAU (1-800-790-6728).

If you have additional questions about the letter, please call us Toll-Free at 1-800-790-ORAU (1-800-790-6728). Additional information can also be found on our website on the Phone Calls with Claimants and Frequently Asked Questions (FAQS) Work History Phone Calls pages.

The NIOSH draft dose reconstruction report is a summary report that provides a general overview of the dose reconstruction that NIOSH conducted for your case (e.g., dose reconstruction results, the basis on which the results were calculated, etc.).

• Example of the Draft NIOSH Report of Dose Reconstruction (Cover Letter) [393 KB (2 pages)]

Yes, we will send you a draft of the dose reconstruction report for you to review.

We will attempt to contact you to schedule a convenient date and time for conducting a closing phone call with you.

The closing phone call will occur after NIOSH has completed a reconstruction of the radiation dose and you have received a copy of the draft dose reconstruction report. Typically, the call occurs within two weeks of receipt of the draft dose reconstruction report letter.

If you disagree with the draft dose reconstruction report, you will have an opportunity to state your disagreement to the final dose reconstruction report once you receive DOL’s recommended decision on your case. Procedures for stating your disagreement are described in the DOL recommended decision. You can also contact the DOL District Office where you originally filed your claim for additional information:

• Jacksonville, FL: (513) 533-8425
• Cleveland, OH: (513) 533-8423
• Denver, CO: (513) 533-8426
• Seattle, WA: (513) 533-8424

If NIOSH revises your draft dose reconstruction report, you will be sent a revised copy of the report, which takes the place of any previous dose reconstruction reports we have sent you. Shortly thereafter, we will attempt to contact you to see if you would like to schedule a convenient date and time to discuss the revised report.

No, the dose reconstruction report does not present a probability of causation number. The results of the NIOSH dose reconstruction do not determine whether or not a claim is compensated. Once the dose reconstruction is completed by NIOSH, the case is returned to DOL. At that time, DOL will determine whether or not the cancer was “at least as likely as not” caused by exposure to radiation during employment at a covered facility. Based upon this determination, DOL will either award or deny compensation.

The OCAS-1 Form tells NIOSH that at the time you sign the form, you do not have any additional information to share with us that might be related to the dose reconstruction for your case and the dose reconstruction is complete and can be forwarded to DOL for a decision on your claim. Signing the form does not mean that you agree or disagree with the dose reconstruction.

• Example of the OCAS-1 Form [16 KB (1 page)]

Yes. The OCAS-1 Form must be properly signed (just your signature and date on the form) and returned to our office in order for us to forward your final dose reconstruction report to DOL for a decision on your claim.

No. Your signature on the OCAS-1 Form only tells NIOSH that at the time you sign the form, you do not have any additional information that might be important to the dose reconstruction for your case.

You have 60 days to return the signed OCAS-1 Form to NIOSH.

Yes. You can sign and return the OCAS-1 Form after you have your closing phone call. However, you still have 60 days from the date you receive the draft dose reconstruction report to return the signed OCAS-1 Form to NIOSH.

If NIOSH does not receive your signed OCAS-1 Form within 60 days, we cannot forward your final dose reconstruction report to DOL for a decision on your claim. If this happens, NIOSH may administratively close the dose reconstruction case and notify DOL of this action. A dose reconstruction that has been administratively closed can be reopened once the signed OCAS-1 Form is received by NIOSH.

Per NIOSH, “administratively close” means that the case has been closed by NIOSH and the case will not be forwarded to DOL. For example, a case could be administratively closed if the claimant does not sign and return the OCAS-1 Form within 60 days of receiving it. The case can be reopened once the signed OCAS-1 Form is submitted.

This case may have been administratively closed since NIOSH did not receive a properly signed OCAS-1 Form within the required time period. You can still sign and return the form to us at this time. If it is properly signed (just your signature and date on the form), we will send the dose reconstruction report to DOL for their consideration.

The OCAS-1 Form must be signed and returned by at least one claimant for the case to proceed to DOL for a final decision. If DOL determines that an award is appropriate for your case, a portion of the compensation will only be awarded to individuals that have submitted a signed OCAS-1 Form.

If DOL determines that an award is appropriate for a case that has multiple claimants, a portion of the compensation will only be awarded to individuals that have submitted a signed OCAS-1 Form (claimed the award). The award money will be set aside for all other claimants until they return the signed OCAS-1 Form.

Once NIOSH receives your signed OCAS-1 Form, a final dose reconstruction report will be sent to DOL and to you. DOL will use the information in the final report to assist them in determining whether or not your claim qualifies for compensation.

If you have any additional questions regarding the draft dose reconstruction report, please contact us toll-free at 1-800-790-ORAU (1-800-790-6728).

This is the final NIOSH Report of Dose Reconstruction that provides the dose reconstruction results for your case and the basis on which the results were calculated.

• Example of the Final NIOSH Report of Dose Reconstruction (Cover Letter) [386 KB (1 page)]

You should receive this report after we have received a properly signed OCAS-1 Form. This report will be forwarded to DOL for their use in determining whether or not to compensate your claim. A copy will also be sent to the Department of Energy (DOE).

The information in the tables at the end of the final NIOSH dose reconstruction report is used by DOL to determine the probability of causation – the probability that a worker’s cancer was “at least as likely as not” due to his/her occupational exposure to ionizing radiation during employment at a covered facility.

If you disagree with the draft dose reconstruction report, you will have an opportunity to state your disagreement to the final dose reconstruction report once you receive DOL’s recommended decision on your case. Procedures for stating your disagreement are described in the DOL recommended decision. You can also contact the DOL District Office where you originally filed your claim for additional information:

• Jacksonville, FL: (513) 533-8425
• Cleveland, OH: (513) 533-8423
• Denver, CO: (513) 533-8426
• Seattle, WA: (513) 533-8424

If you have additional information about your case after DOL has made a decision, you can contact DOL and provide them with the information. DOL will then decide whether or not your case should be reopened and returned to NIOSH for rework.

If you have any additional questions regarding the final dose reconstruction report, please contact us toll-free at 1-800-790-ORAU (1-800-790-6728) or NIOSH toll free at 1-877-222-7570.