EPI Trust FAQs

EPI Claim Filings Questions

Questions & Answers

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.

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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.

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What is the time period between claim filing and issuance of an offer or disallowance?

Claims are processed in FIFO order. The typical waiting period is 3 months.

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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.

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Does a law firm need to execute an e-File Agreement for each Trust affiliated with the CPF?

No. The CPF e-File Agreement applies to all Trusts affiliated with the CPF that have elected to institute the CPF e-File Agreement for their Trust's electronic filing option.  Note: At this time the UNR Trust has not elected an electronic option.

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EPI Review Questions

Questions & Answers

What are the minimum medical requirements for validating a claim?

See the EPI - Medical Requirements page available in the left navigation menu.

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What are the criteria for validating exposure to EPI products?

See the EPI - Exposure Requirements page available in the left navigation menu.

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What is the time limit for filing a disallowance response?

If the disallowance response is to the initial disallowance notice, the claimant must respond within one year of the date of issuance of the notice.  If the response is to the second disallowance notice, the claimant must respond within 90 days of issuance of the notice.  If the response is to the final disallowance notice (3rd notice), the claimant must respond within 30 days of issuance of the notice.

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What is the time period for processing a disallowance response?

Responses are processed in chronological order. The time period varies depending on the volume of disallowed claims.

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EPI Offers and Releases Questions

Questions & Answers

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. If no estate was probated, please use the appropriate certification and warranty form found on the EPI Certifications for Decedent’s Representation page available in the left navigation menu.

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How often are offers/releases issued?

Initial offers are made once a month. Reprinted offers are issued periodically.

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How long do I have to return my release?

There is no deadline for the return of a release.

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When are claim settlement payments made?

Claim payments are normally issued within 30 days from the receipt of a properly executed release. For two-payment plan claims, second payments are issued two years after the first payment.

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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.

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What is the EPI Trust's current payment percentage?

Effective November 1, 2015, the payment percentage is 33%.

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EPI Alternative Dispute Resolution Questions

Questions & Answers

How do I arbitrate a claim?

Claimant must provide a written request for ADR to the CPF. In order to place a claim on the ADR docket and initiate the ADR process, claimant must submit a $250.00 processing fee.

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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.

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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.

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EPI Statute of Limitations Questions

Questions & Answers

What is the statute of limitations procedure?

The Trust applies the applicable federal and state statutes of limitations by applying the statute 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 exposure occurred or where the claimant died. In all cases, the Claims Resolution Procedures provide for a 60-day grace period in addition to the normal statutory limitations period. The claim must be filed with the Trust to toll the statute of limitations period.

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EPI Accounting Questions

Questions & Answers

What is the EPI Trust tax identification number?

31-6542109.

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When are the 1099 forms for claims payments issued?

The CPF issues EPI Trust 1099 forms by January 31, for the previous calendar year.

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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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