RECA

RECA provides a one-time payment of $100,000 to individuals who developed cancer or other specified diseases due to their exposure to radiation from the Trinity and other nuclear tests. Historically, compensation was available to only a select group of New Mexicans who worked in uranium mines before 1971. 

To address this injustice, Congresswoman Leger Fernandez introduced the RECA Amendments Act in 2021. She led the U.S. House of Representatives effort to expand RECA to cover New Mexico downwinders post ’71 uranium miners alongside Senator Ben Ray Lujan, the New Mexico congressional delegation, and New Mexico advocates. RECA compensation is now available to New Mexico downwinders and post ’71 uranium workers.

To Apply: 

3. Gather original or certified copies of supporting documents, such as:

• Proof of residence, employment, or onsite participation during a qualifying period

• Medical records documenting your diagnosis of a compensable disease

• Identification documentation as described on the claim form

*Remember to keep copies of all submitted materials for your records. If you mail your application, remember to include your return address. It may also be helpful to use Certified Mail to ensure that the materials are mailed and that you receive a tracking number.

Online:

The Department of Justice expects to allow people to apply online beginning in December 2025.  Please continue to monitor the website for more information at justice.gov/civil/reca. 

Deadline to File: All claims must be filed by December 31, 2027.

Who is Eligible to Apply in New Mexico:

In New Mexico the following individuals are eligible to apply for the $100,000 payment:

1. Downwinders

   • Must have been present in New Mexico for one1 year between September 24, 1944, and November 6, 1962 or for the entirety of June 30, 1962 to July 31, 1962.
     • Note: the one year period does not have to be consecutive; cumulative months across the qualifying periods count.
       
     
     
   • Qualifying Diseases: leukemia (other than chronic lymphocytic leukemia), multiple myeloma, lymphomas (other than Hodgkin’s disease), and primary cancers of the: thyroid, male or female breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary bladder, brain, colon, ovary, liver (except if cirrhosis or Hepatitis B is indicated), or lung.
   
   
2. Uranium Workers
   
   
   • Must have been employed as a uranium miner, uranium miller, core driller, in the transport of uranium or vanadium-uranium ore from such a mine or mill, or was involved in remediation efforts at such uranium mine or mill in New Mexico. 
     
     
   • Must have been employed for at least one1 year or 40 working level months between January 1, 1942 and December 1, 1990. 
     
     
   • Qualifying Diseases: lung cancer, pulmonary fibrosis, fibrosis of the lung, silicosis, pneumoconiosis, cor pulmonale related to fibrosis of the lung, renal cancer, and any other chronic renal disease including nephritis and kidney tubal tissue injury.
     
     

   *Note: Qualified uranium workers may also qualify for DOE’s Energy Employees Occupational Illness Compensation Program Act (“EEOICPA”) program, which provides an additional $50,000 payment and medical benefits.

   
   
3. Onsite Participants
   
   
   • Must have been present onsite above or within a government installation during the atmospheric detonation of a nuclear device before January 1, 1963 including at the Trinity Test.
     
     
   • Qualifying diseases: leukemia (other than chronic lymphocytic leukemia), multiple myeloma, lymphomas (other than Hodgkin’s disease), and primary cancers of the: thyroid, male or female breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary bladder, brain, colon, ovary, liver (except if cirrhosis or Hepatitis B is indicated, or lung.

Survivors: If an eligible individual dies, their survivor may apply for compensation on their behalf. Survivors are considered in the following order: living spouse, children, parents, grandchildren, and grandparents. 

Watch our recent RECA Tele-Workshop here:

Additional Frequently Asked Questions:

If the claimant has died, am I still eligible to apply for compensation on their behalf as a spouse, child, or other next of kin?

Yes, if an eligible individual dies, their survivor may apply for compensation on their behalf. Survivors are considered in the following order: living spouse, children, parents, grandchildren, and grandparents. You will use the form that the deceased person would have used. For example, if your spouse was a downwinder, you should use the downwinder form. 

If surviving children want to file a claim for a deceased claimant, do they each have to file their own individual claim?

Only one claim should be submitted on behalf of all the children; individual claims are not accepted. It’s important to list every eligible sibling on that single claim. There have been cases where someone attempted to exclude a sibling, but the Department of Justice will verify the information, and the claim can be denied if all children are not properly included. To avoid delays or denial, please be honest and include all eligible children from the start.

Is the entire state of New Mexico eligible for RECA compensation? 

Yes, all counties in New Mexico are covered by RECA, and all claimants who meet the medical and chronological qualifications are eligible for compensation. 

What proof is required to show residency in affected areas?

Acceptable proof includes but is not limited to:

• Birth/death certificates
  
  
• Medical or immunization records
  
  
• U.S. Census reports
  
  
• Correspondence such as letters or bills through the U.S. Postal Service
  
  
• Church or school records
  
  
• Tax records
  
  
• Affidavits from witnesses or family members

The Church of Jesus Christ of Latter-day Saints may also help prove that you were present in New Mexico. You must call the Church at (801) 240-3500 and request that the Church send information confirming physical presence.

How can I prove residency if I have trouble finding documentation?

If you’re having difficulty locating traditional documents to prove your residency, you can use a combination of different types of evidence, such as:

• School, church, or medical records showing your presence in the area
  • Example: baptismal certificate

• Affidavits (written statements) from people who knew where you lived during the qualifying period

• Records from family members, like your parents’ tax filings or voter registration documents

• U.S. Census records that list you and your family members living at the address

• Yearbooks or photos

• Letters or journals

Using multiple sources together can help establish your residency even if you don’t have one single official document. Remember to submit a “certified” copy if you do not have an original. 

What types of medical records can I send in with my RECA application?

Medical records can take many forms. These include but are not limited to:

Pathology report or tissue biopsy

Operative report

Hospital discharge summary report

Physician summary report

Death certificate, dated and signed by a physician

Autopsy reports

B-reads for uranium workers

For uranium workers, specialized exams like B-reads are available through programs like UNM RESEP.

Remember if you don’t send in the original document you must send a “certified” copy. 

What is a “certified” record?

“Certified” means that the issuing institution (e.g. hospital) verifies that the record is real. It is not a notarized document. Whenever you’re unsure, include a cover letter with your materials.

Certified photocopies are often stamped with the seal of the issuing institution. Typically, these seals are either raised, colored or signed. If you have a document that has been stamped, send us that document.

OR

Ask the source (e.g. hospital) of the record to attach a cover letter to the record (signed and dated on letterhead) stating, "the attached record(s) containing [# of pages] pertaining to [name of person in question] is a true and accurate copy of a record kept in our files." This cover page must be signed and attached to the relevant record(s).

What happens if I forget to provide something when I apply? 

In the past, DOJ has sent a discrepancy letter to individuals who didn’t submit all necessary documentation and provided 60 days to send that information in. Do not disregard any letters from DOJ. If you send any additional documents, please include your tracking number (though don’t write directly on any original documents; try a sticky note). 

If I already received a $50,000 downwinder payment through RECA in the past, can I apply for additional compensation under the expanded law?

Unfortunately, no. Individuals who have already received the original $50,000 Downwinder payment under RECA are not eligible for additional compensation, even under the expanded law. While Congresswoman Teresa Leger Fernández’s original legislation included a provision for additional payments, that part was not included in the final version of the law that was passed.

Can someone file more than one RECA claim or receive multiple payments?

Only one claim per eligible individual is allowed, and you cannot collect separate payments for downwinder and uranium worker statuses. The compensation amount is a single lump sum. The only exception is if you yourself are eligible and you are also eligible as a survivor. In that case, you may collect both your payment and the survivor payment. 

What happens if I owe the government money when I receive compensation?

Any outstanding debts such as unpaid taxes or student loans may be deducted from your compensation before payment is issued. 

Will receiving compensation increase my taxes or affect my ability to receive SNAP, Medicaid, or other government benefits? 

No. The RECA payment is not taxed. It will also not be added to your income for purposes of determining whether you are eligible to participate in government benefit programs like SNAP and Medicaid. 

How many times can I file a RECA claim if they keep getting denied? 

You can file a RECA claim up to three times if the initial claim is denied.