New Mexico ‘downwinders’ face possible scams

TULAROSA — From confusing websites to fraudulent phone calls and even people knocking on doors, those seeking to take advantage of New Mexicans affected by nuclear radiation are coming out of the woodwork with silver tongues and outlandish offers.

On July 3, Congress passed an expansion and extension of the Radiation Exposure Compensation Act that adds New Mexico to a previously expired RECA program and increases a one-time reparations payment to people exposed to radiation from nuclear testing, a group often referred to as “downwinders.”

The law allows for a lump-sum payment of $100,000 to qualifying individuals. The expanded eligibility covers people who lived in any county in New Mexico for at least one year from Sept. 24, 1944 to Nov. 6, 1962 and got one of 19 cancers and certain diseases.

Advocates have said the expanded law was a big win for New Mexicans affected by nuclear testing and uranium mining. But they’re also cautioning residents to not fall for potential scams that have popped up prolifically since the law was passed.

In recent days, the U.S. Department of Justice has released guidance for downwinders, including New Mexicans, who are eligible for compensation.

Congressman: Watch out for possible scams

U.S. Rep. Gabe Vasquez of New Mexico’s 2nd Congressional District said he’s had calls from constituents approached by people claiming to be attorneys and offering to assist with RECA claims for a fee.

“That is something we don’t advise anybody in New Mexico to do,” said Vasquez, a Democrat whose district covers much of southern New Mexico.

Although it is not improper for claimants to contract with licensed attorneys to help file a claim in exchange for a percentage of the potential financial reparations, New Mexicans should check credentials and be cautious about sharing personal information with any organization or individual claiming to be qualified to help with RECA claims, officials said.

“What a lot of predatory folks are doing is they want a cut of this money that is rightfully due to RECA claimants,” Vasquez said.

New Mexico lawmakers and others had asked the DOJ to put out the guidance as quickly as possible, given the limited time frame claimants to file.

“As you develop the necessary guidance and regulations, we encourage the Department to post for notice and comment guidance in waves, recognizing that certain parts of the program require simpler updates and can be implemented immediately,” wrote U.S. Sens. Ben Ray Luján, D-New Mexico, and Mike Crapo, R- Idaho, in a letter to U.S. Attorney General Pam Bondi.

Deadline to file a RECA claim

July 16 marked the 80th anniversary of the U.S. government’s detonation of the world’s first nuclear device at Trinity Site, located about 35 miles south of Socorro and 50 miles north of Tularosa. Despite the hazards, local residents were not warned or evacuated from the region. RECA compensation for downwinders across New Mexico and other locations across the country was approved as part of the “Big Beautiful Bill.”

Tina Cordova, co-founder of the Tularosa Basin Downwinders Consortium, explained the law’s extension allowing for New Mexicans to file claims lasts only through Dec. 31, 2027. Claimants must file before then to have a chance at receiving compensation.

In addition to the downwinders, people in the northwest part of New Mexico who worked in uranium mines, also during a specified time window in the 20th century, are included in the July 3 expansion. If they became ill with certain diseases, they may qualify for a $100,000 lump sum under RECA, “as well as an additional $50,000 plus medical benefits from Energy Employees Occupational Illness Compensation Program Act,” according to Luján’s office.

Yet another category of claimants includes “on-site participants,” those who worked at or near the Trinity Test Site in 1945 and developed a qualifying disease, according to Luján’s office.

“If you submit a claim and it’s rejected, there are three opportunities, then you are never allowed to submit again,” Cordova said.

She said people don’t need to hire an attorney or outside organization to file a claim. It’s about accessing documentation and filling out paperwork, and there will be people trained to help with the process.

“It’s pretty straightforward,” she said.

Attorneys can charge a fee of 2% when they help with a claim, but if that claim is rejected, they can charge 10% on the next filing.

‘It’s horrible’

Cordova and TBDC worked for more than 20 years to get compensation for the downwinders of the Trinity Test in southern New Mexico, and she is horrified about the apparent misdirection that is happening to people.

“It’s horrible because I think people feel like they have waited so long they just want to do it,” she said. “They are afraid that there will be no money. But there is going to be adequate resources, both in help to file claims and in the money that is available.”

Loretta Anderson is cofounder of the Southwest Uranium Miners Coalition Post-71 and an advocate of RECA compensation for affected miners.

“I cannot believe it,” she said. “I am amazed how people have just jumped on this and they are just scamming out people. They are coming door to door (at Laguna Pueblo), harassing with phone calls and emails and even having meetings in the Grants area.”

For RECA claimants, resources include:

Anyone feeling they have been approached with a fraudulent offer or have encountered should contact the New Mexico Department of Justice’s office through a portal at NMDOJ.gov/submit-a-complaint

• , or by phone at 505-490-4060.
• The U.S. Department of Justice has posted RECA application instructions, and claim forms can be found at the

• website.
• Anderson can be reached at 505-274-1052 for questions regarding uranium miners issues.
• The TBDC website is

• and provides information about how to apply for RECA compensation.

Elva K. Österreich is a freelance journalist working with the Southern New Mexico Journalism Collaborative. For info, visit www.southNMnews.org.