Radiation Exposure Compensation Program (RECA) For New Mexico Downwinders
What is this program?
RECA provides $100,000 one-time payments to people who developed certain cancers after exposure to radiation from nuclear weapons testing.
Am I eligible as a Downwinder?
✓ Have you lived, worked, or gone to school (had a “physical presence”) in New Mexico for at least 1 year between September 24, 1944, AND
✓ November 6, 1962 or for the entirety of June 30, 1962 to July 31, 1962? Have you been diagnosed with a qualifying cancer?
If you answered YES to these questions or have had a family member eligible who has passed away, you may qualify for $100,000 under the expanded program.
What cancers qualify?
If you had a physical presence in New Mexico during the eligibility periods (above), you may qualify if you have been diagnosed with:
- Leukemia (except chronic lymphocytic leukemia)
- Multiple myeloma
- Lymphomas (other than Hodgkin’s)
- Primary cancer of the:
- Thyroid
- Breast
- Esophagus
- Stomach
- Pharynx
- Small intestine
- Pancreas
- Bile ducts
- Gall bladder
- Salivary gland
- Urinary bladder
- Brain
- Colon
- Ovary
- Liver (unless cirrhosis/hepatitis B present)
- Lung
What documents will I need?
More information will come from Department of Justice (DOJ), but generally you will need:
Proof of physical presence in New Mexico during the eligible timeframe (school, utility, medical records, and tribal records), and medical records showing your diagnosis.
How much may I receive?
$100,000 one-time payment (Federally tax-free, does not affect Social Security or Medicaid eligibility).
How do I apply?
The Department of Justice will update its RECA program to reflect these new eligibility rules.
In the meantime, gather your documents now so you can apply promptly.
Take the first step today to receive the recognition and compensation you deserve.
Know Your Rights: Attorney Fees
You do not need a lawyer to claim eligible compensation through the Radiation Exposure Compensation Act. If you choose to acquire a lawyer, please note:
Notwithstanding any contract and except as provided in paragraph (b)(3) of this section, the attorney of a claimant or beneficiary, along with any assistants or experts retained by the attorney on behalf of the claimant or beneficiary, may receive from a claimant or beneficiary no more than 2% of the total award for all services rendered in connection with a successful claim, exclusive of costs. (3)
(i) If an attorney entered into a contract with the claimant or beneficiary for services before July 10, 2000, with respect to a particular claim, then that attorney may receive up to 10% of the total award for services rendered in connection with a successful claim, exclusive of costs.
(ii) If an attorney resubmits a previously denied claim, then that attorney may receive up to 10% of the total award to the claimant or beneficiary for services rendered in connection with that subsequently successful claim, exclusive of costs. Resubmission of a previously denied claim includes only those claims that were previously denied and refiled under the Act.
Find more information here.
