What’s the Status of My Claim?

If you were in the 9/11 exposure zones and have been diagnosed with any of 69 cancers and many respiratory illnesses, you have the right – protected by federal law – to file a claim with the 9/11 Victim Compensation Fund (VCF).

The fund provides compensation for pain and suffering, as well as economic losses such as income loss resulting from the inability to work because of your illness and treatment.

Your non-economic loss award accounts for the pain and suffering related to your cancer or respiratory illness, with a fixed amount based on your health condition.

Awards for economic loss cover past, present, and future lost income and benefits if you are unable to work because of your cancer or respiratory illness.

An economic loss award also pays for out-of-pocket medical costs not covered by the World Trade Center Health Program, “replacement services” (regular tasks that you cannot perform for yourself, such as housekeeping and transportation), and funeral and burial expenses.

Once your claim – including all required information about your presence in the exposure zone and your illness – has been submitted, the process takes more than a year to complete.

In the meantime, you might want to check on the status of your claim.  

Registering with the VCF

To file a claim, you must register with the program. Registration protects your right to file a claim any time before the program expires in October 2090, and you have the right to register even if you are currently healthy.

Your attorney at Barasch & McGarry can help you complete the registration process.

Filing a Compensation Claim

Before filing a claim, you must enroll in the World Trade Center Health Program, which provides free medical treatment for covered conditions that developed as a result of exposure to 9/11 toxins.

The list of covered conditions includes skin cancer, prostate cancer, thyroid cancer, breast cancer, multiple myeloma, lymphoma, leukemia, lung cancer, kidney cancer, colon cancer, bladder cancer, and many other types of cancer.

Covered respiratory conditions include asthma, GERD, chronic rhinosinusitis, COPD, pulmonary fibrosis, sarcoidosis, sleep apnea, and chronic respiratory disorder.

When your health condition has been certified as 9/11-related by the health program, you can file a claim with the 9/11 Victim Compensation Fund.

Your attorney will help you gather the documents required to file a claim, such as medical records, employment records, affidavits from witnesses, and other materials required.

Generally, the fund prioritizes claims based on when the claim was received – with older claims reviewed before newer claims.

But there are a few exceptions:

• If you have a terminal illness or are at risk of severe financial hardship, the VCF will expedite review of your claim.
• The compensation fund will also expedite claims to prevent financial hardship, such as when a family receives a mortgage foreclosure or eviction notice.

Review of Your Claim

Initially, the VCF will review your claim to account for all the required documents.

If any materials are missing in the initial review, the VCF will notify your attorney, and the claim will become “inactive” until the documents have been submitted. Failure to provide the requested information within 60 days could result in the denial of your claim.

A substantive review of the claim will start once all necessary documents have been received. This review will verify your registration, your covered 9/11-related cancer or other illness, and your proof of presence in a 9/11 exposure zone.

If the VCF finds any information missing during the substantive review process, you will have only 30 days to provide it; otherwise, your claim will be denied.

Award Decision

After completing the initial and substantive reviews, the VCF will notify you and your attorney that you are eligible for compensation.

If the VCF denies eligibility, it will notify you and your attorney, providing information on appealing the decision. You can file an appeal within 30 days of the eligibility determination letter.

A compensation review will then evaluate the loss you experienced, both pain and suffering and economic loss, and determine a compensation award, deducting such benefits as life insurance, pensions, and workers compensation.

Your attorney will examine the award letter to determine if it adequately compensates for your loss.

If not, your attorney will file an appeal. Barasch & McGarry attorneys have an extensive record of successfully appealing awards that were too low.

Am I Entitled to Additional Compensation?

Even if you have already received an award from the 9/11 Victim Compensation Fund, you or your family may become eligible for additional awards in the future.

Filing a claim now does not prevent you from amending the claim or later filing a new claim if you are diagnosed with another 9/11-related illnesses or if an existing health condition worsens.

If you are diagnosed with a new 9/11-related cancer or respiratory illness, you have right to amend your claim, which could result in an additional compensation award.

Similarly, if your existing 9/11-related health condition worsens, preventing you from working or resulting in unanticipated expenses, you can amend your claim.

Checking Your Claim Status

There are three ways to check on the status of your claim with the 9/11 Victim Compensation Fund:

• Visit your online VCF account.
• Call the VCF Helpline, at 1-855-885-1555.
• Contact your attorney or claim administrator at Barasch & McGarry.

Your attorney or claim administrator can answer any questions you have about the status of your VCF and provide other information you might need about the World Trade Center Health Program and the 9/11 Victim Compensation Fund.

Please contact us by visiting 911victims.com or calling 212-385-8000.