The Intersection of Sick Worker's Benefits and Medicaid

Dec 20

The federal government, through the Department of Labor, compensates workers who develop certain health conditions due to exposure to hazardous substances during their work. The law is called the Energy Employees Occupational Illness Compensation Program Act of 2000 or EEOICPA. For us in East Tennessee, many workers at the Oak Ridge Reservation consisting of Y-12, X-10 and K-25 later developed certain exposure-related illnesses. They can obtain financial benefits in the form of a lump sum of money and a “white card” that is used to obtain medical services, including in-home nursing care. There are benefits available for the worker, surviving spouse, and dependent children of the worker.

Families who collect these funds may also need to apply for TennCare or Medicaid – for conditions not included on the white card or for a spouse, for example. Importantly, these EEOICPA benefits are not “countable” as resources for TennCare or Medicaid purposes. They are also excluded for Supplemental Security Income (SSI) purposes.

These benefits should be maintained in a separate account and not mixed with other money. Records of the payment should be kept as well – the letters from DOL awarding the funds or benefits and a copy of the check and deposit slip – so that when necessary documentation can be easily provided to the agency with an application or accounting.

EEOICPAmedicaidTennCare

Amelia Crotwell, JD

Amelia Crotwell, founder and managing partner at Elder Law of East Tennessee, has guided families through long-term care and special needs challenges for nearly two decades. Specializing in Life Care Planning and special needs trusts, Amelia also collaborates across all areas of elder law, including wills, trusts, Medicare, Medicaid, probate, and veterans benefits planning. Certified as an Elder Law Attorney since 2011, she is president-elect of the Life Care Planning Law Firms Association and co-chair of their strategic planning committee. Amelia is deeply involved in the Special Needs Alliance and a prominent member of the National Academy of Elder Law Attorneys. She played a key role in founding the Tennessee chapter of NAELA, serving as its first president. A member of the Tennessee Bar Association and past chair of its Elder Law Section Executive Council, Amelia also dedicates time to pro bono work and community education. She earned her J.D., summa cum laude, from the University of Tennessee College of Law and teaches Elder Law there as an adjunct professor since 2018.