In many cases, the VCF can obtain additional information from third parties. The Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund, Registration and Other Deadlines Frequently Asked Questions, https://www.cdc.gov/wtc/pdfs/policies/WTCHP-Minimum-Cancer-Latency-PP-01062015-508.pdf, https://www.cdc.gov/wtc/pdfs/policies/WTCHP_PP_Time_Intervals_New_Onset_AeroDig_Disorders_30_August_2017-508.pdf, Instructions for Letters of Administration with Limitations, VCF Lead Personal Representative Designation Form, Civil Division Freedom of Information Act, Register with the VCF by thedeadline applicable to your individual circumstances, see. The VCF may be able to obtain records confirming presence from the New York State Workers Compensation Board for individuals who have made a Workers Compensation claim based on their 9/11-related work. 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. (844) 982-2667. The WTC Health Programs general guidelines are summarized below. The Reauthorized Zadroga Act extended VCF II for an additional five years, allowing individuals to submit claims until December 18, 2020, and appropriated an additional $4.6 billion to pay claims. 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). The VCFs New York City Exposure Zone is used to determine an individuals presence for VCF eligibility purposes (and is not dependent on the length of time the individual was at the site), while the WTC Health Programs New York City Disaster Area is used to determine certification for treatment and requires a minimum amount of time spent in the designated area. Additional information about the VCF appeals and hearings process can be found in Section 4. For all other individuals, the VCF generally needs proof documenting the amount of your settlement, the dates of commencement and release of all claims in the lawsuit, and the order dismissing any claims not part of the settlement. [5] The VCF must apply the time period that Congress established in the VCF Act. Note that this is not a comprehensive list of acceptable documentation. By statute, the VCF may not compensate for psychological conditions, but the WTC Health Program provides mental health treatment as part of their healthcare services. To be eligible for compensation from the VCF, you must have a physical injury or condition caused by the terrorist-related aircraft crashes of September 11, 2001, or the rescue, recovery, and debris removal efforts during the immediate aftermath. For further details on the WTC Health Program process and guidelines, please visit the WTC Health Program website. You may register online at www.claims.vcf.gov or over the phone by calling the VCF Helpline at 1-855-885-1555. If you were a DC-37 union member, your union may be able to provide information and/or documentation to support presence for purposes of your VCF claim. This portion of a VCF award is also referred to as the pain and suffering portion of the claim. We will explain both the World Trade Center Health Program, Victim Compensation Fund and qualifying cancers covered by Zadroga Bill in more detail during your appointment. Those dates are: October 12, 2012, for the various cancers identified in the WTC Health Program rule of the same date, February 18, 2014, for Rare Cancers that meet the definition as explained by the WTC Health Program on the same date, January 18, 2023, for Uterine Cancer, including endometrial cancer. Rental agreement, proof of rent payment, mortgage receipts, and/or utility bills that list your address within the NYC Exposure Zone. If an attorney signed and submitted the release on behalf of the individual or the individual's dependent, spouse, or beneficiary, a copy of the retainer agreement with the attorney in the settled lawsuit must be submitted as proof that the attorney was authorized to sign the release. If you were employed by JP Morgan Chase and worked at a JP Morgan Chase office located in the NYC Exposure Zone during the period beginning on September 11, 2001, through May 30, 2002, JP Morgan Chase may be able to provide you with a letter verifying your presence. If you are not being treated by the WTC Health Program, you must seek certification for your condition(s) through the WTC Health Program. The VCF will notify you if additional information is needed. If your office or work or volunteer location was located in the NYC Exposure Zone, or you were present at a 9/11 site because your job required you to be there, you should review the list in Section 1.9 to see if the VCF has a relationship with your employer or organization to get presence information directly from them on your behalf. 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. Please also see Section 1.9 for additional important information about these records. All documents submitted with your claim are subject to verification and authentication procedures undertaken independently by the VCF. The VCF understands there may be a delay in the certification process and will not deny a claim when the certification is the only missing item identified during our preliminary review; these claims will remain inactive and you can reactivate a claim in this circumstance by providing the VCF a copy of your certification letter once you receive it. 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. The VCF will deny your claim and will send you a letter with instructions on how to appeal. The VCF understands that it is becoming increasingly difficult for some claimants to find documentation supporting their presence at an eligible location after so many years have passed. Note: the Witness Presence Statement is a template and use of it does not mean it will be determined to be sufficient by the VCF. are documents that were created in the ordinary course of business or in real-time during the September 11, 2001, through May 30, 2002, period (or as otherwise noted below). were created contemporaneously with your alleged exposures. This is true regardless of the date on which the earlier condition is certified or verified. You should know that the VCF may ask for additional proof of presence, even when your employer or volunteer organization submits a Third Party Verification Form directly to us. You should file your claim only after you have been certified by the WTC Health Program for a 9/11-related physical health condition. If you are the parent of a young adult child and are helping your child with his or her VCF claim, the claim form must be completed by the adult child as a self claim in the victims name, with all applicable exhibits and supporting documents signed by the victim. Therefore, you should still submit other evidence (such as contemporaneous documents, Witness Presence Statements, or affidavits) demonstrating that you were physically present in the NYC Exposure Zone during the period beginning on September 11, 2001, through May 30, 2002. When you call, you will be asked to provide your full name so the Service Center can look up your work history. Please note that you can seek certification for treatment from the WTC Health Program for purposes of your VCF claim and still be treated for your certified condition by a physician outside of the WTC Health Program. If you were employed by the FBI and worked at a 9/11 crash site or in the VCFs NYC Exposure Zone during the period beginning on September 11, 2001, through May 30, 2002, the FBI can provide you with a letter verifying your presence at the site. A complete copy of each document must be submitted, unless otherwise specified below. Dismiss, withdraw, and/or settle any 9/11-related lawsuits by the appropriate deadline. Skin Cancer. You can notify us by uploading a note to your claim, or by calling our Helpline. You must register for each of these programs separately. If you were represented by Douglas & London or Napoli, Bern, Ripka, Shkolnik (Napoli Bern) in your lawsuit, you generally do not need to submit additional documents related to your settlement because the VCF may be able to get the necessary information from Douglas & London or Napoli Bern. The VCF encourages you to file your claim after you have been certified and the full scope of your losses are known so that we can review your claim as quickly as possible to evaluate your eligibility for compensation. You do not need to submit any additional information to demonstrate your presence at the site. Please keep in mind, however, that VCF staff will not be reviewing these documents for sufficiency until your claim form and all required supporting documents are submitted. If we are unable to confirm presence by speaking with the employer or organization, then the VCF will contact you to explain what we need and to request additional documents that show where you were and when you were there. The statute requires that, to be eligible, you must have at least one WTC-Related Physical Health Condition. If you do not have access to email, you may call human resources at 212-393-2222 and request a WTC verification letter to be sent directly to the VCF. If you have exhausted every option available to you to try and find documentation to support your presence at a 9/11 crash site or in the NYC Exposure Zone during the relevant timeframe, and you cannot find any documents to submit with your claim, you may request that the VCF deny your claim and provide you the opportunity to provide testimony about your presence at an appeal hearing. Examples of Documents to support Presence based on Employment: NOTE: The types of documents listed below should only be submitted if your employer is not able to complete and send the VCF Third Party Verification Form to the VCF on your behalf. The prostate gland is found below the bladder. [2] The VCF clarified the rule regarding lawsuit settlements and newly covered conditions in November 2016. Settled fully and release tendered on or before January 2, 2011. When you submit a VCF claim, you waive your right to file a civil action (or to be a party to an action) in any federal or state court for damages sustained as a result of the terrorist- related aircraft crashes of 9/11, or for damages arising from or related to debris removal. In addition, if you were found eligible to receive compensation in VCF1, in most cases, you do not need to submit proof of presence in support of your claim. Among reported VCF awards: $3.7 million for an NYPD officer disabled due to leukemia; $2.8 million for a sanitation worker with skin cancer; 2.1 million for a stock broker with multiple. See the. For a listing of the types of documents that can assist the VCF in the evaluation of your claim, see Section 2.1.c Documentation of non-economic loss. Lawsuits filed after November 2016 are prohibited by the general statutory requirement that a claimant cannot have an active 9/11related lawsuit at the same time as a VCF claim, and filing a lawsuit after November 2016 waives your right to file a claim with the VCF. [5] Please note that this is different from the rules applicable to the WTC Health Program. 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. Under 28 C.F.R. This is condition specific that is, timely dismissal based on specific conditions does not render earlier conditions for which an individual may be certified or verified (on which a lawsuit was not timely dismissed) eligible for compensation. The VCF encourages everyone who was at an eligible location to gather documents now even if they are unsure about filing a claim in the future. You should also submit other evidence (such as contemporaneous documents, Witness Presence Statements, or affidavits) demonstrating that you were physically present in the NYC Exposure Zone during the period beginning on September 11, 2001, through May 30, 2002, when you submit your claim. 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. In most cases, you do not need to submit proof of presence as otherwise required if you were deemed eligible for VCF1 (see Section 1.6 for more information on proof of presence). If you were employed by the NYC Department of Buildings and worked at an office located in the NYC Exposure Zone during the period beginning on September 11, 2001, through May 30, 2002, they may be able to provide you with a letter verifying your presence. This means that even if you have other certified or verified conditions, regardless of when they were certified or verified, they will not be eligible for compensation unless they were added to the list of qualified injuries after January 2, 2012, and you withdrew or dismissed your lawsuit prior to filing your claim or amendment. Responder dispatch records or union shop steward records showing dates and location(s) of your work. The VCF will contact you if any additional information is needed in these situations. Show that you have a 9/11-related physical injury or condition that is certified for treatment by the World Trade Center (WTC) Health Program or, in limited circumstances, that you have a physical injury or condition that was treated by your private physician and verified as 9/11-related through the VCFs, Show that you were present at one of the attack sites, within the. A denial means the documentation you submitted in support of your presence was not sufficient to meet the VCFs needs. Workers injury reports dated on or before September 11, 2003, documenting treatment of your injury that occurred at the site. But if the new condition is a cancer and the award was only based on a non-cancer, you might consider amending your claim. Victim Compensation Fund payouts are available for prostate cancer 9/11 claims. 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. This means that even if you have other certified or verified conditions, regardless of when they were certified or verified, they will not be eligible for compensation unless they were added to the list of qualified injuries after January 2, 2012, you settled and released your lawsuit prior to the date the specific condition was added to the list of qualified injuries, and you properly withdrew or dismissed any remaining lawsuits prior to filing your claim or amendment. 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. A claim has reached the final stages of substantive review when the status in the online system moves to Determination Made: Processing. The VCF will not allow any amendment in a deceased claim after a substantive determination on the compensation claim has been made, except in limited circumstances. or https:// means youve safely connected to the .gov website. Any location used for the repair, cleaning, or rehabilitation of vehicles or equipment contaminated by WTC-related debris. The VCF has an arrangement with the FDNY in which the FDNY will provide documents directly to the VCF regarding proof of a FDNY firefighters or fire officers presence at the site. Your acceptance of settlement and release of claims must have been tendered on or before the date on which the condition for which you are seeking compensation was added to the list of qualified injuries by the World Trade Center Health Program. 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 list of required documentsis explainedin the subsections below according to the type of claim you are filing. The VCFAct states that if an individual tendered a release after the VCFAct was enacted on January 2, 2011, the individual is not eligible for the VCF. To be eligible for a VCF payout for prostate cancer the main eligibility criteria for the fund is that you were present on Canal Street as a first responder or in another capacity between September 11, 2001, and May 30, 2002, and developed an injury or illness because of it. 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 eligibility is denied, the letter will explain how to appeal the decision or how to amend your claim in the future when you are able to provide the additional information for consideration. You may submit either a court order establishing that the action has been discontinued and/or dismissed, dated on or before January 2, 2012, or a notice/letter of withdrawal filed on the Electronic Case Files (ECF) system in the relevant docket on or before January 2, 2012. 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. If you developed your 9/11-related physical injury or condition before September 11, 2001 (a pre-existing condition), you may still be eligible for compensation if your condition has become more severe since that time and the worsening of the condition is determined by the WTC Health Program to be related to the events of September 11th or the debris removal efforts. The VCFAct provides that the award from settlements in civil suits regarding injuries related to 9/11 will be counted as a collateral source offset. Each document submitted must clearly pertain to the named victim and identify the date(s) and location(s) of the victims WTC-related service. Similarly, if you have an eligible condition that the VCF has identified as presumptively severe and debilitating, you do not need to submit medical records to qualify for the highest non-economic loss award allowed by the statutory caps. You can notify us by uploading a note to your claim, or by calling our Helpline. This includes Personal Representatives filing a claim for a deceased victim, and court appointed guardians filing a claim for an incapacitated adult. Exhibit A Authorization for Release of Medical Records(, Original and signed Exhibit A Authorization for Release of Medical Records(. If the VCF needs additional information from you after reviewing your claim form and documentation, the VCF will contact you. Please note that the WTC Health Program and the VCF are different programs. You must identify all 9/11-related lawsuits when you submit your claim form. The VCF works directly with the Department of Sanitation to verify the presence of employees who participated in the rescue, recovery, and clean-up efforts. It will speed the processing of your claim if Bank of America sends the letter directly to the VCF on your behalf. The VCF (which stands for "Victim Compensation Fund") provides financial compensation for those who were physically injured or died as a result of an eligible 9/11-related illness (these include cancer claims ). You are not required to submit documents to prove your presence at an eligible location until you submit your completed claim form, which you should not submit until you are certified for treatment by the WTC Health Program and you are ready to submit all required supporting documents. Prostate cancer Since the small prostate gland is a part of the male reproductive system, only men can get prostate cancer. For individuals enrolled in the WTC Health Registry, the VCF has an arrangement with the WTC Health Registry to obtain direct access to individual survey responses. [4] The VCF and the WTC Health Program use two different geographic areas and two different timeframes during which an individual needed to be at a 9/11 site. For deceased individuals, the Personal Representative will waive his/her rights to file any future action seeking compensation for the decedent's death. 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. We will review the Witness Presence Statement as part of the review of your claim and will contact you if additional information is needed. Certain CWA members completed a CWA WTC Recovery/Cleanup Effort Exposure Information form, which was distributed by some CWA local unions and then provided to the CWA District 1 office upon completion. The VCF needs very specific information and details in order to establish your presence on the basis of such statements and these statements will serve as acceptable proof only if the VCF determines that they are sufficiently reliable. The most prevalent cancers identified among September 11th survivors are non-melanoma skin cancer, prostate cancer and female breast cancer. 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. 114-113. Contacting the FDNY directly will not expedite the processing of your claim and, in fact, may delay claims processing by tying up limited resources at the FDNY. The documents listed in the sections below are examples of the most common types of documents used to demonstrate presence at an eligible location. In cases meeting these criteria, where withdrawal or dismissal occurred after January 2, 2012, only newly covered conditions will be considered eligible for compensation. If this happens, the VCF will contact the employer or organization to try and get additional details. The VCF Act explicitly prohibits the VCF from compensating for Mental Health Conditions. Dismissal/withdrawal before submitting the VCF claim or amendment (notice of withdrawal will suffice). Confirmation from the WTC Health Program that you have at least one physical condition certified for treatment. You should submit documents reflecting your WCB number.
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