One of the confusing aspects of EEOICPA is how and when do Survivor Benefits apply to surviving family members? Which family members are eligible, or potentially eligible, and the amount of compensation available, depends on the medical condition(s) a worker was approved for, or was diagnosed with, prior to passing.
The rules for Survivor Benefits are similar (and different!) between Part B claims and Part E claims largely due to the original drafting of the law(s) by Congress. Part B was written first and approved by Congress. Part D was repealed by Congress 4 years later and replaced with Part E which has some different rules.
So, how do you know which “Part” applies, and which family members are candidates? A couple of key points …
- The claimed medical condition(s) control whether a Survivor claim falls under Part B or Part E (or both).
- Survivor eligibility works one level of family at a time. If a Spouse is eligible and meets all criteria, they receive compensation under either Part B or Part E (with an exception). Aunts, Uncles and Cousin George are not eligible under any circumstances.
- If there is no Spouse (or the Spouse does not meet criteria), then living Child/Children of a worker are eligible (Part B) or potentially eligible (Part E).
- Under both Part B & Part E, to be eligible, a Spouse must have been married to the worker a) at the time of death, and b) married for at least one year prior to the time of death. If not formally married, “Common-Law Marriage” can apply.
- As of 2024, common law marriage is recognized in Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, New Hampshire, and Utah. The rules vary State to State.
- Under both Part B & Part E , Child/Children are defined as either biological, step or adopted, of any age, and who are living at the time of their claims. All are treated equally under EEOICPA, meaning they are entitled to equal shares of compensation.
To answer the question(s) more fully on Surviving family eligibility for benefits under EEOICPA, below are a few likely scenarios and specific criteria:
- If worker was paid $150,000, there is no further benefit or compensation for a qualifying Spouse or Child/Children, under Part B.
- If the worker was not paid and married at the time of passing, and the worker and spouse were married for at least 1 year, then the Spouse is eligible for the award of $150,000. There is no further compensation under Part B. However, the “death benefit” under Part E may apply.
- If the worker was not paid, and there was no qualifying Spouse, then worker’s living child/children (biological, step, or adopted) are all equally eligible to file claims, and should receive equal shares of the $150,000. There are no shares awarded for deceased children.
- The death certificate must list the approved or claimed medical condition as a cause of death, or there must be medical evidence to substantiate the approved/claimed condition was a contributing factor to death.
- A Spouse and/or Surviving Child/Children are potentially eligible for compensation under Part E, if they meet one or more specific criteria:
- If worker was married at the time of passing for at least 1 year, then the Spouse is eligible for an award of up to a maximum of $125,000, or whatever amount remains under Part E, with a contingency as to whether there are children from a prior marriage who are eligible.
- Spouse receives 100% of the amount available unless there is one or more child/children who meet their respective criteria:
- A child/children from a prior marriage who was under 18 years old at the time of worker’s passing;
- A child/children who was under 23 years old at the time of worker’s passing, and where they were a full-time college/university student (from the time of high school graduation); or
- A child/children of any age, and where they were medically unable to earn income at the time of worker’s passing. This could be permanent 100% SSDI disability, or temporary as of the date of death. Child/Children must provide contemporaneous medical evidence affirming their inability to earn income at the time in question.
- If there was no eligible Spouse and no Surviving Child/Children from a prior marriage, then no Child/Children are eligible for consideration for compensation.
Advice/Postscript:
- When a worker passes, or is near passing, worker/spouse have had the discussion as to “what happens if”, and they DO want to know their options.
- The best advice is to let the Spouse/family know there are possible Survivor benefits, and this can be pursued at a later time. The key action is to suggest they ask/confirm with the attending doctor or funeral director, to identify the main EEOICPA condition as a cause (there can be multiple) of death. This is easier than it may sound, and correctable (amended death certificate) if missed. Just makes the Survivor claim a lot more straightforward.
- In my experience, 75% of these are straightforward Spouse claims with no eligible children. The other 25% have children from a prior marriage. 75% of those (of the 25%) are children who are adults and gainfully employed, thereby not eligible. The balance are children who are potentially eligible and who can prove/provide medical evidence as to their disability/inability to earn income.
If you have questions about your eligibility for EEOICPA financial and/or medical benefits, please reach out to us. We Can Help. We have helped with many of these sorts of cases, and we know how to help you get the benefits you are entitled to.
Links on this topic from www.atomicworkers.com
Can You File on Behalf of a Deceased Worker as a Widow/Widower or Child? – AtomicWorkers®
EEOICPA Policy Change – Survivor Benefits When Worker Passes – AtomicWorkers®