If My Proof of Presence Isn’t Accepted, Can I Appeal the Decision?

Absolutely. Both the WTC Health Program and the VCF will give you a chance to submit additional documents and testimony if your initial application is denied on the grounds that your proof of presence is not sufficient. In the case of a denial from the WTC Health Program, you should call the program and find out what was lacking so you can provide them with whatever additional documentation they need. In the case of the VCF, there is an official appeals process during which you can schedule an in-person hearing. Here’s what the VCF says about the appeals process:

“If your claim is denied because of lack of proof of presence (or for any other reason), your denial letter will include an appeal form. You should appeal the decision and be sure to do so within 30 days of the date of the denial letter.  A denial simply means the VCF cannot confirm your eligibility based on the documents you submitted, and the appeal hearing is an opportunity for you to provide testimony as additional proof. Simply put, it’s a chance to tell your story to the VCF in person.

If you appeal, the VCF will contact you to schedule your hearing and will explain the process and what you should do to prepare for the hearing.  Hearings are conducted by trained Hearing Officers and are held in the VCF NYC office (located at 290 Broadway), although arrangements can be made to conduct the hearing by phone if needed.  The hearings are non-adversarial and are really more like a conversation. The objective of the hearing is to give you a chance to present additional information through testimony that you believe is necessary to support your claim.”