Question 1

Who qualifies as a Downwinder under RECA?

Accepted Answer

To qualify as a Downwinder, you must have been physically present in a designated affected area for at least two years between January 21, 1951 and October 31, 1958, or the entire period between June 30, 1962 and July 31, 1962. Additionally, you must have been diagnosed with one of the 19 compensable cancers or other qualifying conditions.

Question 2

What areas are covered under RECA?

Accepted Answer

RECA covers specific counties in Utah, Nevada, Arizona, New Mexico, and Idaho that were downwind of nuclear test sites. In Utah, most counties are covered including Washington, Iron, Kane, Garfield, Sevier, Beaver, Piute, Wayne, San Juan, Millard, Juab, and parts of others. Nevada includes Clark and Lincoln counties, and portions of Nye, White Pine, and Eureka counties.

Question 3

What cancers qualify for RECA compensation?

Accepted Answer

The 19 compensable cancers include: leukemia (excluding chronic lymphocytic leukemia), multiple myeloma, lymphomas (excluding Hodgkin's disease), primary cancer of the thyroid, breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gallbladder, salivary gland, urinary bladder, brain, colon, ovary, liver (excluding metastatic cancer), and lung.

Question 4

Can family members file a claim if the affected person has passed away?

Accepted Answer

Yes. If the affected individual has passed away, their surviving spouse, children, parents, grandchildren, or grandparents may file a claim on their behalf. The estate or a designated representative can also file. Documentation proving the relationship will be required.

Question 5

What if I lived in the affected area but moved away?

Accepted Answer

You may still qualify if you lived in a designated affected area for the required time period, even if you've since moved away. What matters is that you were physically present during the qualifying time periods and have developed a compensable condition.

Question 6

How long does the RECA claims process take?

Accepted Answer

The timeline varies, but most claims are processed within 12-18 months after submission. This includes time for the Department of Justice to review all documentation, verify eligibility, and issue a decision. Complex cases or those requiring additional documentation may take longer.

Question 7

What documents do I need to file a claim?

Accepted Answer

You'll typically need: proof of presence in the affected area (utility bills, school records, employment records, tax returns), medical records documenting your diagnosis, pathology reports confirming the cancer type, and personal identification documents. We help you gather and organize all required documentation.

Question 8

How do I prove I lived in an affected area decades ago?

Accepted Answer

Acceptable evidence includes: census records, school transcripts, church records, employment records, property records, utility bills, tax returns, military records, affidavits from people who knew you lived there, and any other documents showing your residence during the qualifying period.

Question 9

What happens after I submit my claim?

Accepted Answer

After submission, the Department of Justice reviews your claim and may request additional documentation. Once approved, payment is typically issued within a few weeks. If denied, you have the right to appeal or request reconsideration. We can help you through the appeals process if needed.

Question 10

How much compensation can I receive?

Accepted Answer

Downwinders who meet all eligibility requirements can receive $100,000 in compensation. This is a one-time, lump-sum payment. Recent legislation has proposed increasing this amount, and additional claims may be possible under expanded RECA provisions.

Question 11

Is the RECA payment taxable?

Accepted Answer

No, RECA payments are not subject to federal income tax. They are considered compensation for damages, not income. However, we recommend consulting with a tax professional regarding any state tax implications or how the payment might affect means-tested benefits.

Question 12

Can I receive compensation if I already received a prior RECA payment?

Accepted Answer

Generally, you cannot receive a second RECA payment for the same category of claim. However, if you qualified as a Downwinder and later also qualify as an Onsite Participant or Uranium Worker, you may be eligible for additional compensation under those categories.

Question 13

How much do your services cost?

Accepted Answer

We work on a contingency basis, meaning you pay nothing upfront. Our fee is a percentage of your approved claim amount, and we only get paid if you receive compensation. This ensures our interests are aligned with yours - we're motivated to get you approved.

Question 14

Are there any hidden fees?

Accepted Answer

No hidden fees. Our agreement clearly outlines our fee structure before you sign anything. There are no charges for initial consultations, eligibility assessments, or if your claim is not approved. We believe in complete transparency.

Question 15

Is there a deadline to file a RECA claim?

Accepted Answer

The RECA program has been extended multiple times. Currently, claims must be filed before the program's expiration date. However, there's ongoing legislative discussion about extending and expanding the program. We recommend filing as soon as possible to avoid any uncertainty.

Question 16

How quickly can I start the process?

Accepted Answer

You can start immediately. Take our free eligibility check online, and if you appear to qualify, we'll schedule a consultation to discuss your case. We can begin gathering documentation right away, and most clients have their claims filed within a few months of starting the process.

Question 17

What if I don't have my original medical records?

Accepted Answer

Don't worry - medical records can often be obtained from hospitals, doctors' offices, and medical archives, even for diagnoses from decades ago. We have experience helping clients track down medical documentation and can guide you through this process.

Question 18

Do I need to be currently undergoing treatment to qualify?

Accepted Answer

No. You qualify based on having been diagnosed with a compensable condition, regardless of your current treatment status. Whether you're in remission, still in treatment, or a cancer survivor, you may still be eligible for compensation.

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