Who’s eligible for RECA?
In New Mexico, two types of groups may apply.
Downwinders. To potentially qualify here, a person must have lived in New Mexico for one year between September 24, 1944, and November 6, 1962. Or for the entirety of the period between June 30 and July 31, 1962. They need to show a diagnosis of a specified disease. If an eligible person has already died, a spouse, child, grandchild or grandparent may be eligible to receive the benefit.
Uranium workers and on-site participants. To potentially qualify, an individual needs to have worked as a uranium miner for at least one year, or been exposed to 40+ working months between January 1, 1942, and December 31, 1990. Others who may be eligible: people who worked as a uranium miller, ore transporter or core driller for at least one year between January 1, 1942, and December 31, 1990; or who worked as an on-site participant at the Trinity Test. In all cases, a diagnosis of a specified disease is required.
How much is the compensation?
A one-time lump sum payment of $100,000. This is not recurring.
Is healthcare included?
No, RECA does not provide healthcare. It only offers a one-time financial payment. However, uranium workers who qualify for RECA may receive health benefits through the Energy Employees Occupational Illness Compensation Act.
How many times can RECA be applied for by the same applicant?
Twice, if your initial application is denied. However, you can only receive one RECA benefit in your lifetime. The only exception noted is if you previously received a survivor benefit and then qualify independently, or vice versa.
When can RECA compensation be applied for?
People can apply now, but the Department of Justice (DOJ) has encouraged them to wait until it issues new claim forms and updated regulations. Claimants will have until December 2027 to apply.
What do you advise people to do before the new RECA forms are released?
Start gathering documentation now, including: proof of physical presence (contemporaneous evidence); medical records; family relationship documentation (if applying on behalf of a deceased relative); tribal documentation, if applicable.
What’s required to apply for RECA compensation?
Applicants start by filling out a standard DOJ claim form, which has to be signed under oath. They need to include medical and physical evidence of a particular illness, and they have to provide certified or original records — not photocopies. If the DOJ identifies missing evidence, you must be allowed at least 60 days to provide it.
Is it necessary to hire a lawyer to submit a RECA application?
No. The program is designed to be accessible without an attorney. The form is straightforward.
Are there specific cases in which hiring a lawyer for assistance with a RECA application seems advisable?
The decision to hire a lawyer rests with each individual claimant, who may make that decision based on the complexity of their case.
How much can lawyers legally charge?
If your claim is successful on the first try, attorneys can charge up to two percent of the award, plus reasonable costs — for example, paying for records. If you’re reapplying after a previous denial, they can charge up to 10 percent.
How much can other parties charge?
Non-attorneys cannot legally charge you for help with the application. Nonprofits or others may assist for free, but charging a fee could be illegal, especially if someone is offering what amounts to legal advice.
Can non-attorneys file claims on behalf of RECA applicants?
Yes, but they cannot charge for this service. They also must not cross the line into providing unauthorized legal advice, which may violate state laws.
Has your office heard about specific scams targeting RECA applicants that people should be aware of?
There have been reports of people going door-to-door in RECA-affected communities offering to help file claims for a fee. This is concerning, especially since the DOJ has not released the new application process yet.
What constitutes illegal solicitation?
There are a number of things, including: charging fees above the legal limits; offering unauthorized legal services (especially from non-lawyers); misrepresenting one’s ability to guarantee a successful claim; and soliciting claimants before the application process has even reopened.
What should RECA applicants do if they’re illegally solicited or run into apparent scams?
We recommend that individuals do not give personal information to unsolicited visitors and pay upfront fees. Incident reports can go to the DOJ — possibly to the DOJ Office of the Inspector General — or the New Mexico Attorney General’s office.
Will the state set up an office to help people file for RECA?
Check with the state on this question. Start with the Radiological and Chemical Advocacy Office, which you can find here: www.env.nm.gov/rcb/office-of-nuclear-workers-advocacy/