Radiation Exposure Compensation Act - RECA FAQ

RECA stands for Radiation Exposure Compensation Act. It is a federal law that gives money to people who developed certain serious illnesses after being exposed to radiation from nuclear tests in the United States. It can also help their families.

Learn more on the DOJ RECA website

Currently, the federal government requires that you meet two criteria to qualify as a Downwinder.

Learn more about Downwinders on the Tularosa Basin Downwinders Consortium website.

Criteria 1: Where and when you lived

To be eligible as a Downwinder, you must have been physically present in an affected area during one of these times:

• In New Mexico for 1 year between September 24, 1944 and November 6, 1962.
• In any affected area for 1 year between January 21, 1951 and November 6, 1962.
• In any affected area the entire time from June 30, 1962 to July 31, 1962.

Affected areas include:

• The states of Idaho, New Mexico, and Utah.
• In Arizona: Coconino, Yavapai, Navajo, Apache, Gila, and Mohave Counties.
• In Nevada: White Pine, Nye, Lander, Lincoln, Eureka, and Clark County townships 13-16 at ranges 63-71.

Criteria 2: Your Diagnosis

You must have a qualifying cancer.Not all cancers qualify. To verify Eligible Cancers, you can check the DOJ website.

• Leukemia (not chronic lymphocytic leukemia)
• Lymphomas (not Hodgkin's disease)
• Multiple myeloma
• Primary cancers of the:
  • Bile ducts
  • Brain
  • Breast (male or female)
  • Colon
  • Esophagus
  • Gall bladder
  • Liver (except if the person has been diagnosed with cirrhosis or Hepatitis B)
  • Lung
  • Ovary
  • Pancreas
  • Pharynx
  • Salivary gland
  • Small intestine
  • Stomach
  • Thyroid
  • Urinary Bladder

• If you qualify, you can get a one-time payment of $100,000.
• If the person has died, their survivors can apply for equal shares of that single payment.
• Currently, according to the federal government, this money is tax-free, and you do not report it on your taxes.

Citation: Claimant Categories Under RECA as Amended

The US Department of Justice recommends several steps.

1. Download the right claim form for your group:
   • Downwinder Claim Form
2. Gather original or certified copies of documents, such as:
   • Proof you lived, worked, or were onsite during a qualifying time.
   • Medical records that show your qualifying disease.
   • ID documents like birth and death certificates.
3. Submit your claim and documents online through the RECA Claims Portal or by certified mail to:

   U.S. Department of Justice
   Radiation Exposure Compensation Program
   PO Box 146, Ben Franklin Station
   Washington, DC 20044

4. Keep copies of everything you submit

• You will need certified vital records like birth and death certificates from the state where you or the person was born or died. In New Mexico, get them from the Bureau of Vital Records and Health Statistics
• For other states, find the vital records office here: Vital Records Reference by State

• New Mexico Marriage Records: In New Mexico, get marriage records from the County Clerk's Office where you were married.
• New Mexico Divorce Records: Get divorce records from the District Court where you filed for divorce.
• Other States: : In other states, these records may be at the state vital records office or county offices. Search online for “marriage records” plus the state name. If you cannot find marriage or divorce records, you may be able to use church records, social security records, or sworn testimony.

New Mexico has a cancer registry. Instead of sending medical records, you can check the box on the RECA form to let the DOJ contact the New Mexico Tumor Registry for you. If you check this box, the DOJ may also check cancer records in other states.

The New Mexico Tumor Registry has records for New Mexicans diagnosed after 1973. For 1966-1973, the registry has partial records. If you were diagnosed and treated in another state, the DOJ may check the cancer registry for that state.

According to the federal government, you may also provide medical records to confirm a cancer diagnosis.

You must submit certified medical records. Different cancers may need different records.

See the “MEDICAL RECORDS ATTACHMENT” in the RECA claim form (pages 18-24).

Citation: Radiation Exposure Compensation Program Downwinder Claim Form pg. 18-24

The federal government recommends that to certify a record, ask the hospital or doctor’s office to attach a cover letter on letterhead that says something like:
"The attached medical records, consisting of [number] pages for [patient name], are true and accurate copies of records kept in our files."

Citation: Radiation Exposure Compensation Program Downwinder Claim Form pg. 9

Currently, the federal government considers the following as types of records you may be able to use, which may differ according to the type of cancer

Citation: Allowable Records of Proof of Cancers

• Biopsy reports
• Surgery (operative) reports
• Hospital discharge summaries
• Pathology reports
• Doctor Summaries
• Death certificates (must be signed by a Medical Doctor (MD) or Doctor of Osteopathic Medicine (DO))
• Autopsy reports

For autopsies conducted in New Mexico, contact the New Mexico Office of the Medical Investigator.

For autopsies conducted in other states, you will need to contact the agency that conducted the autopsy. This may be a county coroner, a state medical examiner, a state medical investigator, or local law enforcement. You can read about the laws in your state on the CDC Coroner and Medical Examiner website.

You can use many kinds of documents.

Examples include but are not limited to:

• Birth Certificates
• Death Certificates
• Church/religous records
• Employment records
• Marriage and Divorce records
• Medical records
• Personal letters or envelopes
• Diaries
• School Records
• Tax records
• Voting record

Send originals or certified copies.

• Certified copies usually have a raised, colored, or signed seal. If your document has a seal, send that document or upload a clear image of it to the online portal.
• If your document does not have a seal, the federal government recommends asking the source to provide a signed and dated cover letter on official letterhead. Attach this cover letter to the record before submitting.

The letter should say:

"The attached record(s) with [number of pages] about [name] is a true and accurate copy of a record we keep."

Citation: Radiation Exposure Compensation Program Downwinder Claim Form pg. 8

The UNM Radiation Exposure Screening and Education Program (UNM RESEP) can help you with questions about your forms and provide free health screenings for people who may have been affected.

UNM RESEP services are free and can be accessed through the UNM Radiation Exposure Screening and Education Program website.

According to the federal government, you do not need a lawyer to file a RECA claim. You may hire one if you choose. If you choose to hire a lawyer, according to the federal government, you have the right to ask them questions about their experience with RECA claims and about their legal qualifications.

Citation: Representatives and attorney's fees

Currently, according to the federal government, for a first claim, an attorney may not charge more than 2% of the payment. They can charge up to 10% if the contract was before July 10, 2000, or for the resubmission of a denied claim.

Citation: Attorney's fees

After you submit your claim, you will get a letter saying DOJ received it. The letter will include your claim number (CIV20116____). This number is very important. Put it on any documents you mail and keep copies for yourself.

Citation: RECA News and Notices

Currently, according to the federal government, because many people apply, it can take up to a year to process claims.

Citation: RECA Decision Period

DOJ will send you a certified letter or call you. Read the letter carefully. It will tell you what they need. Often, you must send extra documents within 60 days.

Citation: RECA Review of the records

Remember: DOJ will never ask you to pay money.