Non-Disabling Cancer Awards The following are some of the hundreds of noneconomic loss awards that the VCF has issued to our clients with non-disabling cancers and other WTC-related illnesses. You should check to see if your organization is listed in that section before identifying the documentation you need to submit with your claim. This includes Personal Representatives filing a claim for a deceased victim, and court appointed guardians filing a claim for an incapacitated adult. The Special Master exercises this discretion only in very limited circumstances. If you have an eligible 9/11-related physical condition, it does not mean that you are guaranteed to be compensated by the VCF. Examples of contemporaneous documents that may be helpful in proving presence are listed below. On January 2, 2011, the President signed into law the James Zadroga 9/11 Health and Compensation Act of 2010 (Zadroga Act), Public Law No. VCF Eligibility for Lower Manhattan Workers | Barasch & McGarry - 9/11 Once the VCF receives your Claim Form and the completed Exhibit A Authorization for Release of Medical Records- the VCF will request information directly from the WTC Health Program to determine whether you have an eligible condition. The VCF considers modifications to the list of presumptively covered conditions based on the determinations of the WTC Health Program. Please see Section 1.4.e for more information specific to mental health conditions. 114-222, may still file a VCF claim. Different types of documentation are required depending on the representatives relationship to the victim. In cases meeting these criteria, where withdrawal or dismissal occurred after January 2, 2012, only newly covered conditions will be considered eligible for compensation. We will call the individual when we need to understand an inconsistency, confirm what appears to be a minor error (such as a date shown as 2011 instead of 2001), or to verify information already contained in the Witness Presence Statement. Skin Cancer in September 11th Survivors | 9/11 Benefits - Pitta & Baione This includes lawsuits based on theories of aiding and abetting or assisting an attempt to commit a terrorist act. This process, which is entirely automated checks to confirm the receipt of two specific documents the VCF must have before we can begin our preliminary review of a claim: After allowing time for these documents to be received by the VCF, the automated process will confirm that both documents are present in the online system according to the document type associated with each document. Collateral sources are defined by the statute to mean all sources, including life insurance, pension funds, death benefit programs, settlement payments from September 11th-related lawsuits, and payments by federal, state, or local governments related to the terrorist-related aircraft crashes of September 11, 2001, or debris removal. So if the first date an individual was present in the NYC Exposure Zone after 9/11 was September 14, 2001, the . The VCF is a Federal Government program and is separate from the lawsuits between individuals and the Port Authority, the Captive Insurer, and others. The WTC Health Program defines a health condition, If, at any point after you submit your original claim, the WTC Health Program certifies you for a physical health condition not previously certified, or you are diagnosed with a new 9/11- related injury or condition that qualifies for verification through the Private Physician process, you may amend your claim byfollowing the, You received specific direction from the VCF to compete the forms; or, You are filing a claim for a deceased individual who was not certified for treatment by the WTC Health Program for the claimed condition; or, You are a foreign resident, living outside the continental United States, who has not been certified for treatment by the WTC Health Program for the claimed condition; or, You do not qualify for certification by the WTC Health Program because you do not meet the program enrollment requirements; or, You are not able to go to a WTC Health Program center (either in the New York City metropolitan area or through the Nationwide Provider Network) to have your condition evaluated and certified for treatment without suffering significant hardship. If you were a contractor for ConEd, ConEd is unable to provide information regarding your presence at the site within the relevant timeframe. The most prevalent cancers identified among September 11th survivors are non-melanoma skin cancer, prostate cancer and female breast cancer. Under 28 C.F.R. In many cases, the VCF can obtain additional information from third parties. If you want to request that your claim be denied because you are not able to locate documents that show your presence, you should submit a letter to the VCF with a detailed explanation of the documents you have attempted to locate and the reason they were not available, and request a denial for purposes of holding an eligibility hearing. If the requested documents are not submitted within 60 days of the date of the missing information letter, your claim may be denied, unless the only outstanding item is confirmation of a certified condition by the WTC Health Program. For further information, please see the Registration and Other Deadlines Frequently Asked Questions on the VCF website. The statute may be interpreted to mean that the submission of a claim for a deceased individual will waive the rights of others who may claim the right to file a wrongful death action. It is therefore very important that you claim all losses and submit the required supporting documentation when you file your claim. 9/11 firefighter with cancer sues NYC in hopes of bigger payout than Second, you may pursue a civil action against any person who is a "knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act." If you submit Letters of Administration, Letters Testamentary, or other Court Order that includes limitations that interfere with the VCFs ability to process or pay your claim, you will be advised in writing and given time to obtain the appropriate documentation. The VCF Act establishes certain caps on non-economic awards for physical injury claims. Therefore, Claimants who allege presence based on work with the National Guard will still need to submit other evidence (such ascontemporaneous documents, Witness Presence Statements, or affidavits) demonstrating that they were physically present in the NYC Exposure Zone during the period beginning on September 11, 2001, through May 30, 2002. Exhibit A Authorization for Release of Medical Records(, Original and signed Exhibit A Authorization for Release of Medical Records(. The VCF has detailed information on VCF policies and procedures. If you had filed a 9/11-related lawsuit prior to submitting a VCF claim and settled any of the claims set forth in the lawsuit, there are specific dates by which you must have tendered a release of the settled claims and dismissed any remaining unsettled claims. Learn more about 9/11 cancers. Once you have registered with the VCF and have a VCF claim number, you may upload or mail documents to the VCF in order to store presence documentation, even if you have no immediate plans to submit a claim. If you were present because of your work, the Third Party Verification Form is the preferred way to show you were there. The Registration Deadline isnotthe same for everyone. Only those authorized by law or court order may pursue a claim on behalf of another individual. You should submit documents reflecting your WCB number. For deceased individuals, the Personal Representative will waive his/her rights to file any future action seeking compensation for the decedent's death. If the VCF determines that a Witness Presence Statement lacks the required level of detail, your claim may be denied on that basis. These documents are extremely helpful to establish presence. Workers injury reports dated on or before September 11, 2003, documenting treatment of your injury that occurred at the site. Please note that this option is generally available only when legal or geographical obstacles mean that the representative is unable to open an estate to obtain an appointment. Hansen & Rosasco 9/11 lawyers represented and won $3.2 million for "loss of earnings" and "pain and suffering" VCF awards for a NYC police officer who became completely disabled by 9/11 . If the VCF needs additional information from you after reviewing your claim form and the letter, the VCF will contact you. The WTC Health Program provides medical monitoring and treatment for physical injuries and conditions resulting from 9/11 exposure. If you are found to be eligible for compensation, the letter will list the physical injury or conditions for which you have been found eligible. To be eligible for an award from the VCF, you must meet the following criteria: There are two deadlines in the VCFs claim filing process:aClaim Filing Deadlineand aRegistration Deadline. The Lead PR is the individual who the VCF will primarily communicate with regarding the claim, and the individual to whom the VCF will issue any payment on the claim. 9/11 Cancer Claims Under The VCF In the last 20 years, tens of thousands have filed either a 911 cancer claim or a claim connected to another illness with the Zadroga Act 's two programs: the World Trade Center Health Program (WTCHP) and the 9/11 Victim Compensation Fund (VCF). Victim Compensation Fund (VCF) Awards & Payouts | Barasch & McGarry $10 billion is available for office workers through the Victim Compensation Fund. You can contact the WTC Health Registry by calling 866-692-9827. PCF & The VA: Shepherding Extraordinary Care. School or day care records and transcripts confirming your enrollment or attendance during the relevant time period. You can notify us by uploading a note to your claim, or by calling our Helpline. The VCF calculates each award individually using the following basic formula, as required by the VCF Act: Non-Economic Loss (pain and suffering), minus Collateral Offsets . The VCF will contact the WTC Health Program directly to confirm you have an eligible certified condition. Before asking someone to submit a Witness Presence Statement on your behalf, you should check Section 1.9 to learn more about the specific documents you can submit based on your individual circumstances. Office workers who have become ill or who have died from conditions, including 69 different cancers, may be eligible for cash compensation. Undefined malignant neoplasms also qualify. These forms may support presence where they: If you were a CWA member and completed this form, please first contact the local union you were a member of at the time of 9/11 to see if they have a CWA form for you in their files. You will receive a letter from the VCF explaining the eligibility decision on your claim. It is also helpful if you specify your job title within EMS during the period beginningon September 11, 2001, through May 30, 2002. If you decide to upload documents in order to store them with the VCF, you should be very careful to confirm that the document contains as much specific information as possible, and you should review it in detail to ensure that it meets all VCF requirements. The VCF considers the totality of the circumstances in each individual case and will consider a wide range of documents to support presence. Alumni of Stuyvesant or any area school in the NYC Exposure Zone may email info@stuyhealth.org for assistance acquiring proof of attendance for their VCF claim. You do not need to submit any additional information to demonstrate your presence at the site. Any location used by employees of the Office of the Chief Medical Examiner of New York City (OCME) involved in the examination and handling of human remains, or locations used by morgue workers who performed similar functions for the OCME staff. We also understand that some individuals have registered with the VCF to preserve their right to file a claim in the future, but are currently not sick and therefore are not eligible to file a claim unless their circumstances change at some point in the future. 107-42, as amended by Public Law No. Effective February 1, 2023, the VCF will no longer accept affidavits as proof of presence. The court order establishing that the action has been discontinued and/or dismissed, or the notice/letter of withdrawal filed on the ECF system in the relevant docket, must be dated on or before the date you submit your claim or amendment. The original VCF (VCF I) operated from 2001-2004 under the direction of Special Master Kenneth Feinberg, and distributed over $7 billion. The VCF considers medically associated conditions in determining the appropriate amount of compensation. It is very important that you ask the Service Center to email the letter to the VCF official email address: VCF.Thirdpartyverification@usdoj.gov. For information about whether you may be eligible for WTC Health Program treatment for emotional or mental harms, you may contact them by phone at 1-888-WTC-HP4U (1-888- 982-4748), or on the web at www.cdc.gov/wtc/. The adult child can then authorize the VCF to share information about the claim with a parent by adding the parent as an Alternative Contact on the claim form. In limited cases, the FDNY may be able to provide documents and/or information directly to the VCF regarding proof of an EMS members presence at the site. If, however, your certified condition is not among the list of conditions that the VCF considers to be presumptively severe and it significantly impairs activities of daily living, or if the certification does not reflect the severity of the condition, you may want to submit supporting medical documentation related to your condition to help the VCF evaluate the severity and effect of the condition in order to determine whether an increased non-economic loss award within the appropriate range is warranted. You must submit at least two of the following documents if you intend to rely on them to establish presence: If you need help obtaining documents to demonstrate that you were present at the site, please contact the Police Benevolent Association at 212- 298-9144. For example, the minimum latency period for Prostate Cancer is four years. NOTE: The documents listed below are not sufficient on their own, but will be reviewed in conjunction with other documents showing you were physically at the address during the relevant timeframe. If the VCF needs additional information from you after reviewing your claim form and the letter, the VCF will contact you. If a complete form is sent directly to the VCF on your behalf, you do not need to submit any other proof of presence documents with your claim. There are specific requirements for the date on which your 9/11-related lawsuit must have been filed, withdrawn, dismissed, or settled and released in order to be eligible for compensation from the VCF. To do so, the VCF needs the WCB number associated with the individuals Workers Compensation claim. Having an eligible condition is only one of the necessary criteria for compensation. If you are filing a claim on the victims behalf, you must submit the documents that are required for the VCF to validate your authority as an authorized representative. If you would like the VCF to contact the U.S. Department of Labor, you must contact the VCF Helpline to request a FECA Authorization Form, and then submit the completed form to the VCF. Howard made a final determination to add Prostate Cancer to the list of Covered . If the VCF needs additional information from you after reviewing your claim form and the letter, the VCF will contact you. You should also notify us once you have requested the letter from the Department of Buildings, so we know to expect it in support of your claim. It is therefore possible that an individual may be present for VCF purposes, but not eligible to be certified for treatment by the WTC Health Program, and therefore not eligible for compensation from the VCF.
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