EPI Trust - Frequently Asked Questions
Can I use either the EPI Trust or UNR Trust claim forms for
filing claims with either trust?
No. Each Trust has its own required claim form(s) : DCP Claim Form, IRC Claim
Form. [Summary of Claim Filing Instructions]
Can I create my own claim form for filing new EPI Trust
claims?
If you wish to generate your own claim form, you must submit an
example of the proposed form to the EPI Trust for approval and acceptance prior
to filing claims.
Can I
submit one document (e.g., death certificate) and have it applied to each
Trust?
No. Each Trust is a separate entity and requires that documents be filed
separately for each claim filing.
Claims are processed in FIFO order. The typical waiting period is 6 - 9 months.
How does the EPI Trust classify an exigent claim?
The EPI Trust places living mesothelioma claims at the front of the FIFO queue. For all other malignancies, the Trust requires a current affidavit or declaration from the treating physician that indicates the claimant has less than six months to live.
What are the minimum medical requirements for validating a claim?
See Medical Requirements.
What are the criteria for validating exposure to EPI products?
See Exposure Requirements.
What is the time limit for filing a disallowance response?
If the disallowance response is to the initial notice, the claimant must respond within one year of the date of issuance of the notice. If the response is to the final disallowance (2nd notice), the claimant must respond within 90 days of issuance of the notice. If the response is to the 2nd final disallowance (3rd notice), the claimant must respond within 30 days of issuance of the notice.
What is the time period for processing a disallowance response?
Responses are processed in chronological order. The time period may be as long as 6-9 months due to the large volume of disallowed claims.
How often are offers/releases issued?
Initial offers are made once a month. Reprinted offers are issued periodically.
What is required to issue a death and survivorship release?
Regardless of state law, the EPI Trust requires a death certificate and the name of a personal representative for the estate.
What is the EPI Trust's current payment percentage?
Effective December 31, 2007, the payment percentage is 38.0%.
How long do I have to return my release?
There is no deadline for the return of a release.
When are claim settlement payments made?
Claim payments are normally issued within 30 days receipt of a properly executed release. For two-payment plan claims, second payments are issued two years after the first payment.
How do you calculate my second payment?
The second payment amount is calculated by multiplying the gross settlement value by the payment percentage in effect at the time of the second payment and then subtracting the initial amount paid.
How do I arbitrate a claim?
Claimant must provide a written request for ADR to the Director of Disputed Claims. In order to place a claim on the ADR docket and initiate the ADR process, claimant must submit a $250.00 processing fee.
Is the processing fee refundable?
If a binding award in favor of the claimant is issued or if a nonbinding award in favor of the claimant becomes final and is not appealed, the EPI Trust will return the $250.00 processing fee.
Who serves as the neutral in ADR?
There are two neutral panels. Claimants (with the Trust's consent) may choose from either the pro bono panel, a panel of asbestos plaintiff litigation attorneys who volunteer to serve as neutrals, or from a panel of paid arbitrators who have been trained in asbestos litigation. Each party must pay one-half of the paid arbitrator's fee.
What is the statute of limitations procedure?
The Trust applies the applicable federal and state statutes of limitations by applying the state statutes of the state in which the claimant's companion tort system case is filed. If no companion tort system case is filed on behalf of the claimant, the Trust defaults to the statute of the state where the claimant's counsel is located. In all cases, the Claims Resolution Procedures provide for a 60-day grace period in addition to the normal limitations period. The claim must be filed with the Trust to toll the period.
What is the EPI Trust's tax identification number?
31-6542109
When are the 1099 forms for claims payments issued?
The CPF issues EPI Trust 1099 forms by January 31, for the previous calendar year.
By what date and in what jurisdiction is the EPI Trust Annual Report filed?
The EPI Trust Annual report is filed by April 30th in the United States Bankruptcy Court for the Southern District of Ohio, Western Division, Case No. 1-91-0010.
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