EL PASO, Texas (KTSM) — New Mexicans who have been affected by radiation exposure could be the targets of a scam related to a law that is meant to help and compensate them.
That warning comes from the New Mexico Department of Justice and the Tularosa Basin Downwinders Consortium.
They say organizations and attorneys are soliciting people to file claims under the Radiation and Exposure Compensation Act (RECA) for a fee.
New Mexicans need to know that the U.S. Department of Justice has not yet opened the claims process to New Mexicans who qualify, the two groups said.
Community members should also be aware that anyone claiming the ability to file a claim on your behalf is likely fraudulent, the organizations said.
“We are grateful to our congressional delegation who tirelessly advocated for the expansion of these critical compensation efforts,” New Mexico Attorney General Raúl Torrez said. “New Mexicans who have been affected by these exposures deserve compensation – and they deserve to get that compensation free from bad actors attempting to take advantage of them. We encourage New Mexicans to file claims through legitimate entities to ensure they receive the maximum compensation they are entitled to through RECA, and also to file any reports of suspected fraudulent activity with our office.”
Tina Cordova, co-founder of the Tularosa Basin Downwinders Consortium, said:
“The people of New Mexico have waited 80 years for acknowledgement of the harm they suffered as a result of being overexposed to radiation from the Trinity bomb. We hope everyone will be patient a little longer as details of the claim process are developed. Please don’t allow someone to take part of your claim out of fear or some sense of urgency. We will do all we can to assist with the claims process once the guidelines are released.”
RECA is an administrative program within the U.S. Department of Justice allowing partial restitution to individuals who developed serious illnesses after presumed exposure to radiation released during the atmospheric nuclear tests or after employment in the uranium industry.
On July 3, Congress reauthorized and extended the program through Dec. 31, 2028. This reauthorization also expands the criteria for eligibility under RECA.
New Mexicans are advised to be patient as the U.S. government is working on establishing these processes and be aware that:
- Organizations/attorneys are soliciting people to file claims with them, coercing people to believe these services are necessary and often guaranteeing results. Do not fall for these tactics.
- If an entity files a RECA claim on your behalf, they will charge a fee. The fee is capped at 2% by law. However, if an entity files a claim for you and it is rejected, they can then increase the fee to 10%.
- There will be official Radiation Exposure Screening and Education Program (RESEP) clinics in New Mexico that will appropriately assist people with these claims.
To avoid being scammed, New Mexicans are encouraged to follow these tips:
- Do not turn over your records to anyone you are unsure about.
- Visit www.TrinityDownwinders.com for trustworthy updates regarding the application process.
- Report suspected scams to the NMDOJ via its online submission portal, NMDOJ.gov/submit-a-complaint, or by phone at (505) 490-4060.
For more information on the RECA expansion, click here. To submit a complaint regarding potentially fraudulent activity, click here.
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