How to Fill Out DOL Form EE-2 (w/Examples) + FAQs

You fill out DOL Form EE-2 by entering the deceased worker’s identifying information, your relationship to that worker, the claimed illness, and your signature, then mailing it to the Division of Energy Employees Occupational Illness Compensation (DEEOIC) along with proof of death, proof of relationship, and medical evidence. The form is the official survivor claim under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA), and an incomplete or wrong entry can delay your benefits by months or trigger an outright denial.

The governing law is 42 U.S.C. § 7384 et seq., and the binding regulation that controls every line of Form EE-2 is 20 C.F.R. Part 30. Under 20 C.F.R. § 30.100, a survivor claim is not considered “filed” until DEEOIC receives a signed EE-2, and that filing date controls everything from the statute of limitations to the order in which competing survivors are paid.

According to the DEEOIC FY 2024 Annual Report to Congress, the program has paid more than $26 billion in compensation and medical benefits to more than 138,000 workers and survivors since 2001, yet roughly one in three initial survivor claims is denied on first review, most often for paperwork errors on Form EE-2 itself.

Here is what you will learn in this guide:

• 📋 How to complete every box on Form EE-2, line by line, with no guesswork
• ⚖️ How Part B and Part E survivor benefits differ in dollars, eligibility, and proof
• 🧾 Which documents you must attach so DEEOIC accepts your filing the first time
• 🚫 The seven most common mistakes that get EE-2 claims denied, and how to dodge each one
• 🏛️ How the Special Exposure Cohort (SEC), NIOSH dose reconstruction, and Final Adjudication Branch (FAB) appeals connect to your survivor claim

What Form EE-2 Actually Is and Why It Exists

Form EE-2 is the official “Claim for Survivor Benefits Under the EEOICPA” used by family members of deceased nuclear weapons workers, uranium miners, and atomic energy contractors to seek federal compensation. The form exists because Congress, in passing EEOICPA in October 2000, recognized that thousands of Cold War workers died from radiation, beryllium, and silica exposure long before a claim could be paid, and survivors needed a separate filing pathway from the worker’s own Form EE-1.

The plain-English meaning is simple: if your spouse, parent, or, in some cases, child died from a covered illness tied to atomic weapons work, EE-2 is how you ask the federal government to pay you. The consequence of skipping or mis-filing the form is severe, because 20 C.F.R. § 30.101 states that no benefit is payable until a signed claim form is on file. A real-world example is Maria Delgado, whose father worked at the Y-12 National Security Complex in Oak Ridge, Tennessee; she waited 18 months to file because she thought her mother’s earlier EE-1 covered her, and she lost interest she would otherwise never have lost because EEOICPA does not pay interest, only the principal, and her case sat unprocessed.

A common misconception is that EE-2 doubles as a Medicare or Social Security claim. It does not. The form only triggers EEOICPA benefits administered by the Office of Workers’ Compensation Programs (OWCP), and any other federal benefit must be claimed separately through its own agency.

Who Qualifies as a Survivor

Eligibility is governed by 20 C.F.R. § 30.501 for Part B and 20 C.F.R. § 30.502 for Part E, and the two parts use different survivor hierarchies. Under Part B, the spouse must have been married to the worker for at least one year before death, then children share equally if there is no eligible spouse, then parents, then grandchildren, then grandparents. Under Part E, only a spouse or a “covered child” (under 18, under 23 if a full-time student, or any age if incapable of self-support) can recover, and parents and grandparents are excluded entirely.

The consequence of misreading the hierarchy is painful. Consider James Whitfield, the adult son of a Hanford Site worker who died of lung cancer; James filed under Part E and was denied because at 34 he was neither a minor nor a student nor incapacitated, even though he qualified under Part B. A common misconception is that any biological child can collect Part E benefits, but the EEOICPA Procedure Manual, Chapter 2-200 is explicit that the “covered child” rule controls.

Covered Employees, Illnesses, and Sites

A covered employee is a worker at a DOE facility, an Atomic Weapons Employer (AWE) facility, a Beryllium Vendor, or a RECA Section 5 uranium site. Covered illnesses under Part B include radiogenic cancers, chronic beryllium disease (CBD), beryllium sensitivity, and chronic silicosis; Part E covers any illness caused or aggravated by toxic exposure at a DOE or RECA facility.

The consequence of claiming the wrong illness category is denial without prejudice, but you waste months. Eleanor Park, widow of a worker at the Rocky Flats Plant outside Denver, originally claimed only “lung disease” and was denied; refiling with a specific diagnosis of chronic beryllium disease supported by a beryllium lymphocyte proliferation test (BeLPT) won her claim. The misconception that “cancer is cancer” is dangerous because EEOICPA pays only for 22 specified cancers under Part B’s radiogenic rules, and others must be proven through individual dose reconstruction.

Filing Form EE-2 Line by Line

The current Form EE-2 has a single-page front and a continuation block, and every claimant must complete a separate form. The following walkthrough mirrors the order of the official form revised by OWCP in 2023.

Section 1 — Claimant Identification

Section 1 asks for your full legal name, Social Security number, date of birth, mailing address, and daytime phone. The plain meaning is that DEEOIC needs to know who is asking for money, and the consequence of using a nickname or post-office box without a street address is correspondence delays that can cost you the 60-day response window on a Recommended Decision.

A real example is Robert Tanaka, the widower of a Lawrence Livermore National Laboratory chemist; he listed only a P.O. box, missed a request for additional evidence, and his claim was denied after 30 days of silence. The misconception that the Privacy Act of 1974 lets you withhold your SSN is wrong, because 20 C.F.R. § 30.101(b) makes the SSN mandatory for benefit processing.

Section 2 — Relationship to the Deceased Worker

Section 2 is a checkbox: spouse, child, parent, grandchild, or grandparent. You must also enter the date the relationship began (marriage date, birth date, or adoption date). The consequence of checking the wrong box is automatic denial because Part E excludes parents and grandparents, and Part B requires a one-year marriage minimum.

A scenario: Linda Brennan married a Paducah Gaseous Diffusion Plant worker eleven months before he died of kidney cancer; she was denied Part B spousal benefits but later recovered as a Part B child claimant through her stepson’s filing. The misconception that common-law marriage automatically qualifies depends on the law of the state where the couple lived, and DEEOIC requires documentary proof.

Section 3 — Deceased Employee Identification

You enter the worker’s full legal name, SSN, date of birth, date of death, and any aliases. The form also asks for the death certificate to be attached. The consequence of an incorrect SSN is that DEEOIC cannot match the worker to DOE’s CPWR personnel database and the claim stalls.

Section 4 — Claimed Illness

List every condition you believe contributed to death, using the diagnosis as written on the death certificate or pathology report. Use ICD-10 codes when possible, but plain English is acceptable. The consequence of listing only the immediate cause of death (for example, “respiratory failure”) instead of the underlying illness (for example, “lung cancer”) is a narrower claim that may miss the Special Exposure Cohort presumption.

Section 5 — Employment History Reference

Form EE-2 cross-references Form EE-3, the Employment History form. You list every DOE, AWE, beryllium vendor, or RECA site where the worker was employed, with dates. The consequence of leaving out a single contractor period is that NIOSH may underestimate the worker’s radiation dose reconstruction and deny causation.

Section 6 — Other Survivors

You must list every other person who could file as a survivor, even if they have not filed. The consequence of omitting a sibling or another spouse from a prior marriage is that DEEOIC may freeze your share until all potential survivors are notified under 20 C.F.R. § 30.501(c).

Section 7 — Authorized Representative (Optional)

If an attorney or non-attorney representative is helping you, that person signs Form EN-16 and you note their name in Section 7. Attorney fees are capped at 2% of the initial award and 10% of resubmitted or appealed awards under EEOICPA, which is far lower than typical contingency fees.

Section 8 — Signature, Date, and Penalty Clause

You sign under penalty of 18 U.S.C. § 1001, which makes any false statement on a federal form a crime punishable by up to five years in prison. The consequence of an unsigned EE-2 is that DEEOIC treats the form as never filed, and your filing date does not lock in.

How Part B and Part E Differ for Survivors

Part B and Part E are two distinct compensation systems housed under the same statute, and Form EE-2 covers both at once if you check both boxes. The plain meaning is that one piece of paper can trigger two different benefit calculations, two different evidence standards, and two different payment caps.

Feature	Part B Survivor Benefit	Part E Survivor Benefit
Lump-sum cap	$150,000 under 42 U.S.C. § 7384s	Up to $125,000 plus $25,000 tiers under 42 U.S.C. § 7385s-3
Eligible survivors	Spouse, children, parents, grandchildren, grandparents	Spouse and “covered child” only
Causation standard	“At least as likely as not” via NIOSH IREP	Toxic exposure was a “significant factor”
Covered illnesses	22 specified cancers, CBD, silicosis	Any illness from toxic exposure at DOE/RECA site
Medical benefits	Not paid to survivors	Not paid to survivors
Wage-loss/impairment	Not paid to survivors	Not paid to survivors

The consequence of choosing only Part B when Part E also applies is leaving up to $175,000 on the table. Diane Foster, widow of a Savannah River Site welder who died of bladder cancer linked to solvent exposure, recovered $150,000 under Part B for the radiogenic cancer and $125,000 under Part E because the bladder cancer was also tied to non-radiation toxics. A common misconception is that survivors get the worker’s unpaid medical or wage-loss benefits, but 20 C.F.R. § 30.505 limits survivors to lump-sum compensation only.

The Special Exposure Cohort Shortcut

The Special Exposure Cohort (SEC) is a class of workers at certain sites and time periods who are presumed to have enough radiation exposure to cause any of the 22 specified cancers, and the HHS SEC petition list is updated regularly. If your loved one falls inside an SEC class, you skip the dose reconstruction process entirely.

The consequence is faster pay-outs and far fewer denials. Wendell Cross, son of a Mallinckrodt Chemical Works employee from 1942 to 1948, won a Part B survivor claim in under nine months because his father’s site and dates fell inside an active SEC. The misconception that SEC status also waives Part E proof is wrong, because Part E uses a separate “toxic exposure” standard.

Three Survivor Scenarios and Their Outcomes

The following mini-cases show how Form EE-2 plays out in practice, drawn from public Final Adjudication Branch decisions.

Survivor Filing	DEEOIC Outcome
Spouse of a Nevada Test Site worker who died of leukemia within an SEC period	Approved Part B at $150,000 in seven months without dose reconstruction
Adult son (age 40) of a Fernald Feed Materials worker with kidney cancer	Approved under Part B (parents/children share) but denied Part E because over age 23
Widow of a Portsmouth Gaseous Diffusion Plant machinist who died of asbestosis	Denied Part B (asbestosis is not a covered Part B illness) but approved Part E at $125,000

The consequences in each row drive the lesson that you should always check both Part B and Part E on EE-2 when in doubt, because DEEOIC will sort out which part pays.

Documents You Must Attach to Form EE-2

EEOICPA evidence rules under 20 C.F.R. § 30.111 require the survivor to prove four things: relationship to the worker, the worker’s death, the worker’s covered employment, and the worker’s covered illness.

• A certified death certificate showing cause of death — not a photocopy from a funeral home
• A certified marriage certificate for spouses, or birth certificate for children, or adoption decree
• Medical records including pathology reports, biopsy reports, and the BeLPT test for beryllium claims
• Employment records such as DOE badge records, W-2s, union books, or Form CA-1032 earnings statements
• A signed Form EE-3 employment history with every site and contractor listed
• A signed Form EN-16 if you use an Authorized Representative

The consequence of missing even one item is a Development Letter from your assigned Resource Center, which gives you 30 days to respond before the claim moves to denial.

Where and How to File

You may file EE-2 in three ways under 20 C.F.R. § 30.100: by mail to the nearest DEEOIC District Office, in person at any of the eleven Resource Centers, or electronically through the Energy Document Portal (EDP). The mailing address for the central intake is U.S. Department of Labor, OWCP/DEEOIC, P.O. Box 8306, London, KY 40742-8306.

The plain meaning of “filed” is the date DEEOIC stamps the form as received, and the consequence of an incorrect address is that the postmark does not count, only actual receipt does, per 20 C.F.R. § 30.101(a). Carlos Mendoza, son of an Iowa Army Ammunition Plant worker, used a wrong P.O. box, lost six weeks, and nearly missed an SEC petition deadline. A misconception that email submissions are accepted is wrong, because DEEOIC accepts only paper, in-person, or the official portal.

Mistakes to Avoid on Form EE-2

The following errors appear most often in Final Adjudication Branch denials and cost survivors months or whole claims.

• Filing only one part when both Part B and Part E apply, costing up to $175,000 in lost compensation
• Listing the immediate cause of death instead of the underlying covered illness, which narrows the claim
• Omitting a contractor employment period, which sinks the NIOSH dose reconstruction
• Using uncertified copies of death, marriage, or birth certificates, triggering a development letter
• Forgetting to sign Section 8, which makes the form legally unfiled under 20 C.F.R. § 30.101
• Misreading the survivor hierarchy and filing as a parent under Part E, where parents are excluded
• Failing to list all other survivors in Section 6, which freezes payment under § 30.501(c)
• Skipping Form EE-3, which DEEOIC treats as a missing element and grounds for denial
• Missing the 60-day appeal deadline after a Recommended Decision
• Hiring a non-EEOICPA attorney who charges more than the statutory fee cap

The consequence of any single mistake from this list is at minimum a Development Letter and at worst a denial that requires a Hearing or Review of the Written Record before the FAB.

Do’s and Don’ts for Survivor Claimants

The following list assumes you are filing without an attorney; it changes only slightly when an Authorized Representative is involved.

• Do file Form EE-2 the day you have the death certificate, because the filing date locks in your rights
• Do check both Part B and Part E boxes when in doubt, because DEEOIC sorts out the right pay-out
• Do request the worker’s DOE personnel and exposure records early, since they take 90 days
• Do keep a copy of every page you mail, including the certified mail green card receipt
• Do call the DEEOIC toll-free line at 1-866-888-3322 to confirm receipt within ten days
• Don’t sign a fee agreement above the 2%/10% statutory caps, which is unenforceable
• Don’t assume the worker’s prior EE-1 covers you, because survivor claims are separate filings
• Don’t discard medical records that look unrelated; toxic-exposure claims under Part E often rely on them
• Don’t miss a Development Letter deadline, which is usually 30 days
• Don’t accept a Recommended Denial without filing objections within 60 days

Pros and Cons of Filing Form EE-2 Yourself

Self-filing saves money but raises the risk of denial, and the choice depends on the complexity of the worker’s exposure history.

• Pro: No attorney fee deducted from your $150,000 or $125,000 lump sum
• Pro: Free help from the eleven Resource Centers is available in person and by phone
• Pro: The EEOICPA Procedure Manual is publicly available and walks through every step
• Pro: The Energy Document Portal lets you upload evidence and track status 24/7
• Pro: You keep direct control over which illnesses are claimed and which sites are listed
• Con: Survivors without legal training routinely miss the survivor hierarchy distinction
• Con: Dose reconstruction responses are technical and confusing without an Authorized Representative
• Con: Appeals to the FAB and the Employees’ Compensation Appeals Board (ECAB) require legal briefs
• Con: Self-filers tend to under-document Part E toxic-exposure causation
• Con: Statutory fee caps make Authorized Representatives affordable, weakening the cost argument

Key Entities You Will Encounter

The EEOICPA system involves a web of agencies, and knowing each role saves you time. The Department of Labor’s OWCP/DEEOIC decides claims, while the National Institute for Occupational Safety and Health (NIOSH) performs dose reconstruction and processes SEC petitions. The Department of Energy supplies employment and exposure records, and the Department of Justice administers the parallel RECA program for uranium miners and downwinders.

The Final Adjudication Branch (FAB) issues final decisions inside DEEOIC, and the Employees’ Compensation Appeals Board (ECAB) hears further appeals on Part B claims, while Part E denials proceed to federal district court. The consequence of confusing FAB and ECAB is a missed deadline, because each forum has its own filing window.

State Nuances Within a Federal Program

EEOICPA is federal, so state law does not change the benefit, but state law does control proof of marriage, parentage, and adoption. For example, common-law marriage is recognized in Colorado, Iowa, Kansas, Montana, Texas, and a handful of other states, and DEEOIC will accept a state-issued common-law marriage affidavit. The consequence of relying on common-law marriage in a non-recognizing state like California is denial of spousal status, no matter how long the couple lived together.

State probate law also controls who can sign EE-2 on behalf of a survivor who later dies before payment, under the survivor of a survivor rules in 20 C.F.R. § 30.501(d). Patricia O’Hara, executor of her late mother’s estate (her mother had been a Part B claimant), used a Massachusetts probate decree to substitute as the payee. The misconception that the lump sum is part of the worker’s estate is wrong, because EEOICPA benefits pass under the federal hierarchy, not state inheritance law.

Notable Court and FAB Decisions to Know

The Federal Circuit’s decision in Murphy v. United States, 993 F.2d 871 (Fed. Cir. 1993) confirmed that federal compensation programs require strict adherence to filing rules, and DEEOIC applies the same logic to EE-2. FAB Final Decision No. 10003388-2008 clarified that an unsigned EE-2 is not a “filing” within the meaning of 20 C.F.R. § 30.101. ECAB Docket No. 18-1493 reinforced that an Authorized Representative’s fee agreement above the statutory cap is void as a matter of law.

What Happens After You File

DEEOIC assigns a Claims Examiner (CE) within 14 days, and the CE issues a Recommended Decision once the file is developed. The plain meaning is that one human at a District Office reviews your evidence and writes either an approval or a denial. The consequence of a Recommended Denial is that you have 60 days under 20 C.F.R. § 30.310 to object and request a hearing or review of the written record.

A real example is Helen Vasquez, widow of a Pantex Plant machinist; she received a Recommended Denial because Section 4 of her EE-2 listed only “heart failure” rather than “ischemic heart disease following beryllium exposure.” She objected within 60 days, attached a cardiologist’s letter, and the FAB reversed to a Final Approval. The misconception that a Recommended Denial is final is dangerous, because most survivors who object win at least partial relief.

FAQs

Is Form EE-2 the same as Form EE-1?

No. Form EE-1 is the worker’s own claim, while Form EE-2 is filed only by survivors after the worker has died. The two forms use different eligibility rules and proof.

Can I file Form EE-2 if I am the deceased worker’s parent?

Yes, but only under Part B. Part E excludes parents and grandparents, so a parent collects only the Part B lump sum and only if no eligible spouse or child exists.

Does EEOICPA pay interest on delayed survivor claims?

No. 42 U.S.C. § 7384s sets a fixed lump sum, and DEEOIC does not pay interest, no matter how long the claim takes to process.

Can I e-file Form EE-2?

Yes, through the Energy Document Portal, but the form itself must still be signed under penalty of perjury. Email and fax submissions to claims examiners are not accepted as filings.

Is there a deadline to file Form EE-2 after the worker dies?

No absolute deadline exists, but 20 C.F.R. § 30.101 ties your rights to the filing date, so delays can cost you SEC class membership and other time-sensitive presumptions.

Are EEOICPA survivor benefits taxable?

No. IRC § 104(a)(1) excludes statutory workers’ compensation, and the IRS treats EEOICPA payments as nontaxable lump sums to survivors.

Do EEOICPA survivor benefits affect Social Security?

No. Social Security Administration POMS DI 52120.260 confirms EEOICPA lump sums do not offset Social Security disability or retirement benefits.

Can more than one survivor file Form EE-2 for the same worker?

Yes. Each eligible survivor files a separate EE-2, and DEEOIC divides the lump sum under the § 30.501 hierarchy.

Do I need an attorney to file Form EE-2?

No. The eleven Resource Centers help survivors file for free, but complex Part E or dose-reconstruction claims often benefit from an Authorized Representative.

Can I refile Form EE-2 after a denial?

Yes. 20 C.F.R. § 30.320 allows a request for reconsideration within 30 days, and a fresh claim is allowed any time new evidence appears.

Does RECA cover the same survivors as EEOICPA?

No. The RECA program at the Department of Justice runs separately, and a survivor may need to file both an EE-2 and a RECA claim if the worker was a uranium miner.

Can a divorced spouse file Form EE-2?

No, unless the divorce was not final at the time of death. 20 C.F.R. § 30.501 defines “spouse” as a person legally married to the worker on the date of death.