Social Security Disability Claims and 9/11 Compensation

Social Security Disability Insurance (SSDI) claims often affect claims for 9/11 compensation via the September 11^th Victim’s Compensation Fund (VCF).

Winning a Social Security disability claim for a 9/11-related disability should help victims qualify for significantly higher tax-free compensation from the VCF. However, some victims do not realize this or fail to take the appropriate legal advice to pursue both claims effectively.

Here’s what claimants need to know about maximizing Social Security Disability and 9/11 compensation.

Retired 9/11 first responders can still qualify for SSDI benefits in 2026. Many first responders are retired from the NYPD, FDNY, or other agencies and collect a pension but this does not prevent qualification for SSDI benefits.

To be eligible based on a 9/11-related condition, responders should refer to the list of covered conditions recognized by the World Trade Center Health Program (WTCHP). All these conditions have been linked to toxic exposure at Ground Zero or one of the other crash sites.

Confirming inclusion of a condition on this list can help establish eligibility for disability benefits, including respiratory diseases, cancers, and mental health conditions that prevent responders from working.

To be eligible, retired responders must meet the Social Security Administration’s requirements for disability benefits, including having sufficient work credits and providing proper medical documentation (more about this in the next section).

Note that individuals cannot collect SSDI and Social Security Retirement benefits at the same time.

SSDI offers essential financial assistance for responders when eligible health conditions prevent substantial employment.

To qualify for SSDI, a first responder must demonstrate:

• A documented medical condition that prevents substantial gainful activity.
• A condition that has lasted or is expected to last at least 12 months or result in death.
• Sufficient work credits earned through Social Security tax contributions.
• A connection between the current disability and the 9/11 response work.

Proving eligibility can be challenging without legal assistance.

What is the “all evidence rule”?

The “all evidence rule” confuses many VCF claimants and reduces their compensation.

The rule requires Social Security Disability claimants and their representatives to submit or inform the agency of all known evidence (both favorable and unfavorable) relating to their claim, regardless of whether they believe it is “material” to the final decision.

This forces a high level of transparency that can impact Victim Compensation Fund awards, especially if evidence of a pre-existing condition is submitted. The fund may use this to “offset” the perceived economic loss. The VCF will compensate only for the 9/11-related portion of your disability, reducing overall compensation.

A 9/11 VCF claims attorney understands how to present evidence when applying so that the total award is not unfairly impacted.

A range of medical conditions are commonly associated with 9/11 response work and may qualify claimants for SSDI benefits, VCF awards, workers’ compensation, and other benefits.

The WTCHP has positively linked the following conditions to 9/11 toxic exposure:

• Over 70 cancers, including lung cancer, prostate cancer, thyroid cancer, and blood cancers.
• Respiratory disorders, such as asthma, COPD, chronic rhinosinusitis, and interstitial lung disease.
• Aerodigestive disorders affecting the upper and lower airways, including GERD, sleep apnea, and chronic laryngitis.
• Musculoskeletal conditions, such as chronic back pain, joint problems, and other physical injuries sustained during rescue and recovery operations.
• Skin conditions, including recurring rashes, dermatitis, etc.
• Hearing and vision problems, due to debris, loud noises, or other environmental factors.
• Mental health conditions, such as PTSD, depression, anxiety disorders, etc.
• Digestive system disorders affecting the gastrointestinal system, such as inflammatory bowel disease and chronic liver disease.
• Neurological conditions, including chronic headaches, memory problems, and cognitive difficulties.
• Systemic autoimmune diseases, including rheumatoid arthritis, systemic lupus, etc.

Many 9/11-related conditions are slow to develop and worsen with age over many years or even decades. This can slowly hamper the ability to perform work. Detailed documentation of the progress of the condition may be required.

Other special considerations for 9/11 first responders may apply, especially if claiming more than one type of benefit/compensation. A qualified 9/11 claims attorney will help assess the need for the following:

• World Trade Center Health Program certification: Responders should enroll in the WTCHP, whether they have a condition or not, as this program can provide critical documentation of a 9/11-related health condition if it arises. This will strengthen both an SSDI claim and a VCF claim by establishing an official connection between disabilities and Ground Zero toxic exposure.
• Occupational documentation: Documenting dates of service, locations worked, and duties performed during the 9/11 response and recovery period can be challenging after so much time has elapsed.
• Proof of multiple conditions: Many first responders suffer from multiple conditions that, together, cause disability. Comprehensive medical evidence may be required from more than one healthcare provider to demonstrate the full impact on one’s ability to work.
• Claiming retroactive benefits: First responders may be able to claim retroactive SSDI benefits, depending on the date of the disability onset, even if symptoms developed gradually.
• Expedited applications: Some 9/11-related conditions may qualify for expedited processing if proper identification and documentation of qualifying conditions are provided.
• Mental health conditions: Mental health conditions and the psychological effects of physical conditions can impact the ability to work and must be carefully documented in claims.
• Continuing medical treatment: Regular medical checkups/treatment and following prescribed therapies will help establish ongoing SSDI eligibility.

If a 9/11 victim has passed away from their injuries, family members may be eligible for Social Security survivors’ benefits, as well as a VCF award.

Qualifying relatives of the deceased include:

• A spouse
• Children
• Other dependent family members (depending on circumstances)

Besides helping with the VCF claim, a 9/11 Victim Compensation Fund lawyer can help victims with the Social Security Disability benefits claim process:

• Initial case evaluation: Assessment of responders’ medical conditions, work history, and 9/11 response service to determine eligibility and the best approach for an SSDI claim.
• WTCHP enrollment and documentation: Proper documentation for the WTCHP, which can prove the connection between disabilities and 9/11 service, and can be integrated into an SSDI application.
• Medical evidence coordination: Medical records, treatment histories, and physician statements (often from multiple healthcare providers) must be compiled to build a strong disability claim.
• SSDI application preparation, submittal, and follow-up: Preparation of the forms with supporting evidence and additional requests for evidence/documentation will be provided within the Social Security Administration deadlines.
• Coordination with other benefits or awards: VCF awards, pension benefits, and workers’ compensation payouts may need to be coordinated with SSDI benefits, which can become complex.
• Representation at hearings and appeals: If cases require hearings or an appeal, legal representation can increase the chances of a favorable result.

To discuss your situation and learn more about how we may be able to help you, please call Weisfuse & Weisfuse, LLC at 212-983-3000 or contact us online to schedule a free consultation.