Mistakes to Avoid When Making a VCF Claim

As of March 2024, nearly 133,000 people were enrolled in the World Trade Center Health Program. Nearly 7,000 were deceased. This reflects the number of people who were made ill by exposure to the toxic dust and fumes left when the Twin Towers collapsed on 9/11. Virtually all these people, or their surviving family members, are entitled to monetary compensation through the September 11^th Victim Compensation Fund (VCF).

In July 2019, Congress passed a law that fully funded the September 11th Victim Compensation Fund and extended the deadline to file a claim to October 1, 2090. For victims or surviving family members of 9/11-related diseases, this money helps cover medical expenses and economic losses related to lost wages or employer-provided benefits, as well as funeral expenses. There may also be significant non-economic losses (compensation) related to pain and suffering.

Getting the monetary compensation to which one is entitled means making sure that deadlines are met, that forms are completed accurately, and that all required documentation is provided. An experienced 9/11 victim attorney works hard to ensure that victims and survivors get full and fair VCF compensation for the harm suffered because of exposure to toxic dust from the collapse of the Twin Towers.

Common mistakes made by those who file on their own can mean a claim delayed or a claim denied:

The September 11th Victim Compensation Fund will not consider a claim for compensation unless the health condition was first certified as a 9/11-related illness by the World Trade Center Health Program. Although both the VCF and the WTC Health Program were created to serve the needs of 9/11 victims and surviving family members, the health program covers medical care and needs while the September 11th Victim Compensation Fund provides financial support. A claimant must first be certified as being in an eligible group and having a certified 9/11-related disease.

The plume of toxic dust and fumes spread far beyond Ground Zero, but in order to file a claim for VCF benefits one must prove a presence in the NYC Exposure Zone between September 11, 2001, and May 30, 2002. Documentation of that presence is also required and could include employment records, proof of residence such as a lease or utility bills, school records, or medical records. “Contemporaneous documents” such as parking tickets, building passes, or receipts or sworn and notarized affidavits (written statement signed under oath) that attest to the claimant’s presence are also acceptable proof.

Missing deadlines can cause serious delays in the September 11th Victim Compensation Fund process. There are two deadlines to meet:

• Registering with the September 11th Victim Compensation Fund means that a victim “preserves the right to file (their) claim in the future, waives no legal rights, and does not obligate (them) to file a claim.  Registration serves only to alert the September 11th Victim Compensation Fund that (he or she) may be a potential claimant; and it meets the legal requirement of timeliness set forth in the law.” However, the registration deadline is not the same for everyone and depends on “individual circumstances.” In order to make sure that the deadline is met, it may be in one’s best interest to consult with a 9/11 lawyer.
• The deadline for filing a September 11th Victim Compensation Fund claim is October 31, 2090. The date was extended to cover those who may not experience an illness until many years after exposure; for instance, someone who was a young child at the time of the attack and gets a 9/11-related disease late in life. As stated on the September 11th Victim Compensation Fund website, a claimant is encouraged to file “after (a victim) has been certified by the World Trade Center (“WTC”) Health Program for a 9/11-related physical health condition and as soon as the full scope of (a victim’s) claimed losses are known so that the claim for compensation can be reviewed as quickly as possible.” A delay in filing the claim means a delay in receiving compensation, and any request from the September 11th Victim Compensation Fund for additional information or documentation must be submitted by the specified date.

Claim submissions that contain errors or are incomplete will be returned. The September 11th Victim Compensation Fund sends a “Missing Information Letter” detailing the information that needs to be completed before a decision is made. Claimants have 30 days to respond. Failure to resubmit an accurate and fully completed form within the 30-day timeframe can cause a delay or denial of compensation.

The lawyers at Weisfuse & Weisfuse, LLC have extensive experience in helping claimants navigate the complex WTC Health Program and September 11th Victim Compensation Fund processes. It is our job to make sure that victims and family members of those who have succumbed to 9/11 illnesses get maximum compensation. We understand the system, know how to gather documentation, and prepare the paperwork, and meet filing deadlines—allowing those who suffered harm as a result of the 9/11 attacks to heal and move forward with their lives.

From helping with complex medical issues to appealing denials, we are here to reduce the stress of dealing with all the requirements involved in successfully obtaining September 11th Victim Compensation Fund awards for eligible claimants. To schedule a free and confidential consultation to discuss your situation, please call us at 212-983-3000 or contact us online.