Here’s what former nuclear weapons and uranium workers need to know about claim denials, next steps and how to fight back.
Filing an EEOICPA claim takes courage, patience and a lot of work. After fighting to access benefits you earned, receiving a Recommended Decision (RD) to Deny from the Department of Labor (DOL) can feel frustrating and discouraging.
A denial is not always the end of the road, and Trusted Ally will connect you with the resources to have the best chance at approval.
We interviewed Trusted Ally’s team of EEOICPA experts, who work with claimants and Authorized Representatives (AR) every day, to break down:
Why claims get denied
Denials are common. According to our team, roughly half of all claims filed can expect to receive a decision to deny at some point in the process. That’s not a reflection of your eligibility or illness, but rather a reflection of how the DOL operates today.
Common reasons why the Department of Labor may deny your EEOICPA claim:
1. Lack of employment evidence
One of the most common reasons for denial is a lack of verified employment history. If the DOL cannot verify that you worked at an approved facility, either directly or through a contractor or subcontractor, and for a minimum of 285 consecutive days, they will most likely not move forward with your claim.
For some workers who were employed decades ago at closed facilities or by contractors no longer in business, it can be difficult to locate accurate records.
2. Lack of medical evidence
Another very common reason for denials is vague diagnoses or missing medical records. The DOL needs documented proof that you have a covered condition that is a direct result of your workplace exposure.
Many cancer diagnoses can be particularly difficult to get approved. This is because claimants must demonstrate sufficient exposure to toxic substances based on where they worked, what they handled, and when. Tracking all that data requires detailed documentation that may not exist or be hard to find years later.
3. Inability to establish causation
The DOL's standard is that your condition must be "as likely as not" caused or worsened by exposure at a covered facility. That means they are looking for a likelihood percentage of 50% or higher. If a condition hasn't been proven to be linked to specific exposures, and if you can't demonstrate that those exposures occurred, the claim will likely be denied.
4. Missing Deadlines
The DOL often sends letters requesting additional documentation with strict timelines, typically with as little as 30 to 60 days to respond. If you or your Authorized Representative (AR) miss those windows and fail to provide the requested information on time, the DOL can easily issue a Recommended Decision (RD) to Deny. Once that happens, the process can become significantly longer and more complicated.
Paying attention to DOL letters and responding within their timeframe is critical. — Michele T., Benefits Claims Coordinator
5. Delayed medical testing
Some conditions require specific diagnostic testing. For example, COPD and chronic silicosis claims typically require a chest X-ray that must then be sent to a separate provider for a B-read. That process alone can take a couple of months. Waiting too long to schedule needed testing is one of the more preventable reasons for a denial.
When you receive a denial, there are a few different actions you can take to object and continue moving your claim forward.
1. Object to the denial
If you receive a Recommended Decision (RD) to Deny, you have the right to object. You or your Authorized Representative (AR) can submit an objection, along with additional medical evidence and employment documentation, to further push your case forward.
An experienced AR knows how to pull supporting documentation and include comparable approval cases used to argue on your behalf. For example, they may pull data from another claimant that was approved for pneumoconiosis or beryllium sensitivity and use that as comparable evidence for approval of your case with a similar diagnosis.
2. Reconsideration
If you receive a Final Decision (FD) to Deny, there is a 30-day window to request, in writing, a reconsideration and provide additional information and/or documentation (ex: a new case study) that has not been previously considered.
3. Reopening
After the initial 30-day window has passed, the only way for an FD to be overturned is via a reopening. A reopening requires a written request to reopen the claim, along with any new supporting evidence and documentation. A reopening must be approved by the Director of DEEOICPA.
If the Director approves the reopening, the original FD will be vacated, and the claim will be reopened and transferred back to the Final Adjudication Branch (FAB) Hearing Representative (HR) for review of the additional information and the issuance of a new FD.
Note: There is no deadline for filing a Reopening. Claims can be (and with additional evidence, frequently are) reopened many years after the initial FD to Deny.
4. Request a hearing
Your AR can schedule a formal hearing with the FAB to object to a denial. This provides an opportunity to directly present new medical and employment evidence to make a stronger case for your approval.
5. Request a written review
While not as common as requesting a hearing, AR’s can request a written review in lieu of a hearing. In this case, they will submit a written objection along with any additional documentation, case studies, etc.
6. Utilize new information
If something does change (ex: a hospitalization, a new diagnosis, worsening of conditions, or new evidence and documentation), that change could build a basis for a stronger claim.
If anything happens, you go to the hospital or you're given a new diagnosis, reach out and we'll start up your claim again. Always document those things. — Andrew B., Community Outreach Executive
7. Consider switching Authorized Representatives
If your current AR has exhausted their options or isn't advocating strongly on your behalf, it may be worth connecting with a different one. Each AR brings their own expertise, contacts, and medical resources to your disposal. Switching ARs may breathe new life into your claims process.
Ensuring that all supporting evidence and documentation has been uploaded to your DOL Claimant Portal allows new ARs to gain access to all previously submitted information. This can limit delays and keep new AR’s up to speed on your claim process.
Whether you’re filing for the first time or re-filing after a denial, here’s what our Trusted Ally experts say can make the biggest difference.
1. Build a strong employment case first
Before anything else, establish that you can prove your work history. If you cannot document employment at a covered facility for the required number of days, the DOL won't engage meaningfully with the rest of your claim.
Note: Examples of frequently accepted documents include pay stubs, tax documents, work badge, certificates, awards, identifying photos of claimants at a covered facility, and/or an EE-4 Employment History Affidavit (to be completed by previous supervisors or coworkers that verifies employment claims).
2. Get medical testing done early
Don’t wait for the DOL to ask for test results. Knowing what tests are required for your condition completing those tests and submitting results as quickly as possible can help move your case along easier.
Your AR should be knowledgeable about what tests you’ll need for filing. Many physicians are unfamiliar with EEOICPA requirements, which means ordering the correct tests is crucial.
Trusted Ally will attend our clients’ appointments and help advise providers on required testing to ensure that nothing needed falls through the cracks.
3. Respond to DOL outreach promptly
When the DOL sends a letter requesting information, treat it as urgent. Missing a 30 or 60-day response window can derail the claim process and potentially trigger a denial.
4. Work with an experienced Authorized Representative
This may be the most important factor impacting your claim outcome. An experienced AR knows how to build a medical causation argument, how to work with the DOE and contractors to obtain employment verification, and how to respond to denials effectively.
Within their extensive network of professionals, they may have vetted physicians who can provide documentation linking your condition to radioactive or toxic exposure, which is the kind of evidence that moves claims forward.
5. Stay persistent!
Filing an EEOICPA claim can seem like the process is designed to be difficult. It is easy to get discouraged and want to give up. The claims that ultimately succeed are often the ones that stay persistent in fighting denials and don’t give up.
If you stay upbeat and stay persistent, it can give you a greater chance at getting through. — Andrew B., Community Outreach Representative
With Trusted Ally’s network of resources and support, we will help walk you through every step of the process and work to keep your claim moving forward.
Where ARs can really help is that they object to denials. And if you have an experienced AR, which we do here at Trusted Ally, they will do all the legwork for you. — Andrew B., Community Outreach Executive
You are not required to use an AR to file an EEOICPA claim. However, we have found a significant increase in support and approval outcomes when utilizing an AR’s services.
Authorized Representatives:
Knowledgeable on needed medical evidence and testing
Has network of qualified physicians to work with
Effective in responding to DOL
Experience successfully connecting conditions to workplace exposure
Well-equipped to fight back against Decisions to Deny
Real example: A worker was approved for COPD and asbestosis after years of delay and frustration. As a specialist in Part B beryllium lung disease, the AR identified overlooked evidence of beryllium exposure in the worker's job history. This led to an additional $150,000 award that the claimant never would have known to pursue without help from an AR.
Real example: An AR successfully appealed denied cancer claims by meticulously reviewing thousands of pages from the Department of Energy (DOE) records and identifying previously unrecognized incidents involving radioactive release. The AR presented a compelling legal argument at the hearing, advocating for the worker to be considered under Special Exposure Cohort (SEC) status.
Real example: This former nuclear weapons worker fought by herself for over a decade. She faced a series of repeated denials, serious health setbacks, and various obstacles with the DOL. After Trusted Ally got her connected with an experienced AR, she finally received her EEOICPA White Card in 2026.
At Trusted Ally, we work exclusively with independent Authorized Representatives, not in-house ones. This matters because in-house ARs can be considered a conflict of interest, which could put your claim at risk. Our independent AR partners are focused entirely on your claim, without any competing interests. Plus, they only get paid if your claim gets approved.
→ Click here to learn more about using Authorized Representatives
If you've already been denied, or if you want to make sure your claim is as strong as possible from the start, we can connect you with an AR who has the right experience for your particular illness and work history.
→ Click here to get connected with our team
Most common reasons for denial: lack of medical evidence, lack of employment evidence, failure to establish causation, missed DOL deadlines, and delayed testing.
After a denial: object with additional evidence, file for a reopening or reconsideration, request a hearing or written review, or consider working with a new AR.
Tips for approval: collect as much employment documentation and medical evidence as possible, get required testing done early, respond to DOL requests on time, and work with an experienced independent Authorized Representative.
You worked hard and sacrificed for our country. These benefits exist because of that work and dedication. Don't let a denial be the end of your journey.
Have questions or want to get connected with an Authorized Representative?
→ Click here to start with a free case review
Yes, and as of March 2026, over $27 billion has been paid in total settlements and medical bills paid.
Official source
U.S. Department of Labor (OWCP) — EEOICPA Program Statistics
Your pathway to care starts with Trusted Ally Home Care. Get started today and let us guide you through the process of receiving the care you or a loved one deserves.
A: Common causes include insufficient employment documentation, inadequate medical evidence linking your illness to workplace exposure, a diagnosis not covered under the program, failed dose reconstruction (probability of causation below 50%), or incomplete/incorrect application forms.
A: Carefully read your denial letter. It will specify the exact reason(s) for the decision. Understanding the cause is the critical first step before taking any action.
A: Yes. You have 60 days from the recommended decision to file written objections with the Final Adjudication Branch (FAB). You can request either a hearing or a written record review.
A: If NIOSH estimated your probability of causation at less than 50%, you may be eligible under the Special Exposure Cohort (SEC) if you worked at a qualifying site during a defined period — bypassing dose reconstruction entirely.
A: If denied, you may request reconsideration by demonstrating a substantial error or presenting new evidence. If administrative options are exhausted, judicial review in federal court is also possible.
A: Strongly recommended. An EEOICPA advocate or representative, like those at Trusted Ally, can help you gather evidence, identify errors, and navigate the appeals process effectively.