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I believe I am eligible for the $150,000 Radiation Exposure Compensation Act (RECA) benefit. If I receive the award, how will that effect my medicare and social security?

What are the most significant changes in the amendment to the Radiation Exposure Compensation Act (RECA) which was signed by President Clinton?
 
 
Q: I believe I am eligible for the $150,000 Radiation Exposure Compensation Act (RECA) benefit. If I receive the award, how will that effect my medicare and social security?

A: It will not effect either your medicare or your social security. The RECA payments are tax exempt and are not reportable as income for either state or federal income tax purposes. These payments are compensation for injuries resulting from exposure to uranium and radiation. Like other payments for personal injuries, these payments are not taxable.

If you are receiving medicare or social security payments, those payments will continue without any offset for the RECA benefit payment. The Act specifically states "Amounts paid to an individual under this section... shall not be included as income or resources for the purposes of determining eligibility to receive benefits..."

If you or a deceased relative of yours has been diagnosed with a disease as a result of exposure to radiation, you should consider calling an attorney.

Our firm has established documentation in some of the more difficult cases including those previously denied and those involving multiple surviving beneficiaries. Under a percentage fee agreement, there are no attorney fees unless we obtain benefits for you.

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Q: What are the most significant changes in the amendment to the Radiation Exposure Compensation Act (RECA) which was signed by President Clinton?

A: The most significant change to the 1990 Act has been the expansion of the scope of coverage for workers exposed to radiation. Thousands of people who worked in the uranium industry are now eligible for benefits as a result of the July 2000 amendment.

Here is a review of some of the significant changes:

Uranium mill workers and ore haulers are now eligible for radiation exposure compensation payments under the Act. It may be several months before the U.S. Justice Department issues approved forms and regulations for these new classes of uranium workers. However, it can take months or even years to fully document a radiation exposure claim. It may be valuable to start the claim process even before the new forms are issued.

For those workers whose claims were previously denied, the July 2000 changes to the Act reduce the required radiation exposure work history for underground uranium miners. It redefines the compensable diseases for on site nuclear test employees, and adds additional geographical locations for down winders exposed to fall out from nuclear testing. The changes to the Act also recognize work related exposure to radiation during the period 1942 to 1946. Finally, a person's smoking or coffee drinking history no longer effect their eligibility. These changes may greatly improve your chances for being approved if you were previously rejected on a compensation claim.

If you or a deceased relative of yours has been diagnosed with a disease as a result of exposure to radiation, please call for a free consultation.

Our firm is one of the national leaders in successfully pursuing RECA claims. We have established documentation in some of the more difficult cases including those involving surviving beneficiaries. Even if your claim was previously denied, under a percentage fee agreement, there are no attorney fees unless we obtain benefits for you.

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