SAMPLE Cover Letter, Alternative Filing - Denial
Dear Claimant Name:
Enclosed please find the Notice of Final Decision which denies your claim for compensation and benefits under the Energy Employees’ Occupational Illness Compensation Program Act (EEOICPA). If you disagree with this decision, you may request reconsideration. Such a request must be in writing and must be made within 30 days of the date of issuance of this decision. It must clearly state the grounds upon which reconsideration is being requested. In order to ensure that you receive an independent evaluation of the evidence, your request for reconsideration will be reviewed by a different Final Adjudication Branch hearing representative than that who issued the final decision. Your request for reconsideration should be sent to:
U.S. Department of Labor
DEEOIC
Final Adjudication Branch
Attn: FAB OPS
P. O. Box XXX
CITY, STATE ZIP CODE
If your claim was denied because you have not established covered employment or a covered illness and you have new evidence of either covered employment or a covered illness, you may request a reopening of your claim. If your claim was denied because a cancer was not causally related to work-related exposure to radiation and you can identify either a change in the probability of causation guidelines, a change in the dose reconstruction methods or an addition of a class of employees to the Special Exposure Cohort, you may also request a reopening of your claim.
These requests to reopen your claim must be in writing and be sent, along with your supporting information, to the following address:
U.S. Department of Labor
DEEOIC, DISTRICT DIRECTOR
P.O. BOX XXX
CITY, STATE ZIP CODE
While you do not meet the statutory definition of an eligible survivor as set out under Part E of the EEOICPA, you may seek an alternative filing review pursuant to 42 U.S.C. § 7385s-4(d). You may request such a review by writing to:
U.S. Department of Labor
DEEOIC, DISTRICT DIRECTOR
ADDRESS
Alternative filing reviews can also be conducted by the district office upon request. In these reviews, the district office will assess a facility where alleged employment and exposure took place and render a determination as to potential causation. Should you wish to receive this type of review; the district office will provide you with a determination. Please note, however, that such a determination does not change your eligibility for benefits or establish causation under the Act, and is not subject to further agency or judicial review.
Please be advised that the final decision on your claim may be posted on the agency’s website if it contains significant findings of fact or conclusions of law that might be of interest to the public. If it is posted, your final decision will not contain your file number, nor will it identify you or your family members by name.
Except as provided above, all future correspondence, inquiries or telephone calls should be directed to the district office. Thank you for your cooperation.
Sincerely,
Hearing Representative
Enc: Notice of Final Decision