[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR30.100]

[Page 88]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
CHAPTER I--OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR
 
PART 30_CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL 
 
     Subpart B_Filing Claims; Evidence and Burden of Proof; Special 
                  Procedures for Certain Cancer Claims
 
Sec.  30.100  In general, how does an employee file an initial claim for 

                Filing Claims for Benefits Under EEOICPA


benefits?

    (a) To claim benefits under EEOICPA, an employee must file a claim 
in writing. Form EE-1 should be used for this purpose, but any written 
communication that requests benefits under EEOICPA will be considered a 
claim. It will, however, be necessary for an employee to submit a Form 
EE-1 for OWCP to fully develop the claim. Copies of Form EE-1 may be 
obtained from OWCP or on the Internet at http://www.dol.gov/esa/regs/
compliance/owcp/eeoicp/main.htm. The employee's claim must be filed with 
OWCP, but another person may do so on the employee's behalf.
    (b) The employee may choose, at his or her own option, to file for 
benefits for only certain conditions that are potentially compensable 
under the Act (e.g., the employee may not want to claim for an 
occupational illness or a covered illness for which a payment has been 
received that would necessitate an offset of EEOICPA benefits under the 
provisions of Sec.  30.505(b) of these regulations). The employee may 
withdraw his or her claim by so requesting in writing to OWCP at any 
time before OWCP determines his or her eligibility for benefits.
    (c) Except as provided in paragraph (d) of this section, a claim is 
considered to be ``filed'' on the date that the employee mails his or 
her claim to OWCP, as determined by postmark, or on the date that the 
claim is received by OWCP, whichever is the earliest determinable date. 
However, in no event will a claim under Part B of EEOICPA be considered 
to be ``filed'' earlier than July 31, 2001, nor will a claim under Part 
E of EEOICPA be considered to be ``filed'' earlier than October 30, 
2000.
    (1) The employee, or the person filing the claim on behalf of the 
employee, shall affirm that the information provided on the Form EE-1 is 
true, and must inform OWCP of any subsequent changes to that 
information.
    (2) Except for a covered uranium employee filing a claim under Part 
B of the Act, the employee is responsible for submitting with his or her 
claim, or arranging for the submission of, medical evidence to OWCP that 
establishes that he or she sustained an occupational illness and/or a 
covered illness. This required medical evidence is described in Sec.  
30.114 and does not refer to mere recitations of symptoms the employee 
experienced that the employee believes indicate that he or she sustained 
an occupational illness or a covered illness.
    (d) For those claims under Part E of EEOICPA that were originally 
filed with DOE as claims for assistance under former section 7385o of 
EEOICPA (which was repealed on October 28, 2004), a claim is considered 
to be ``filed'' on the date that the employee mailed his or her claim to 
DOE, as determined by postmark, or on the date that the claim was 
received by DOE, whichever is the earliest determinable date. However, 
in no event will a claim referred to in this paragraph be considered to 
be ``filed'' earlier than October 30, 2000.

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