9/11 Victim Compensation Fund Appeals and Amendments

When to file an appeal as opposed to amendment depends on your circumstances: 

• An appeal is filed to increase an award based on new information, while an appeal is filed to challenge the 9/11 Victim Compensation Fund (VCF)’s (VCF) original determination on your claim, in particular some type of VCF denial.  You may file an appeal if your claim was denied for insufficient proof of presence or if an award was too low or if the VCF did not make an award for compensation such as lost earnings or for wrongful death.  
• An amendment may be filed if you have a new World Trade Center Health Program certified condition or if you have additional losses after your original claim was decided such as your 9/11-related condition rendered you disabled and you become disabled from work. 

Knowing how to navigate the process of each within the special rules of the VCF is critical to help ensure you receive the maximum compensation

What’s the Difference Between an Appeal and an Amendment for Your VCF Award?

Appeals and amendments are two different processes. An appeal is a formal request to review and reconsider a decision made by the VCF. You may file an appeal if your claim is denied, if you are deemed ineligible, or if the compensation awarded does not accurately account for your losses. Appeals must be filed within 30 days of the date on your eligibility denial letter or award letter. This process involves submitting an Appeal Request Form along with supporting documentation that justifies why the VCF’s decision should be reconsidered.

VCF Appeals 

There are two types of VCF appeals: those based on eligibility and those based on compensation. Eligibility appeals typically address issues such as lack of sufficient proof of presence in the exposure zone, missing or incomplete medical records verifying a 9/11-related illness, or incorrect classification of your health condition. Compensation appeals, on the other hand, focus on the amount awarded by the VCF, and may challenge the VCF’s calculation of economic and non-economic losses. This can include lost wages, out-of-pocket medical expenses, and other financial impacts.

VCF Amendments

An amendment allows you to update your existing VCF claim if your circumstances change after your initial submission or if new information arises. Unlike appeals, there is no strict 30-day deadline for amendments, but it is crucial to file amendments as soon as possible to ensure timely review.

Common reasons for filing an amendment include:

• Diagnosis of a new 9/11-related illness
• Progression of an existing health condition
• Additional economic losses, such as lost income or increased medical expenses
• Discovery of new evidence that supports your claim

Amendments can be submitted using the online VCF claim system or by contacting your law firm for assistance.

Filing an Appeal With the VCF 

Filing an appeal with the VCF involves several important steps:

1. Complete the Appeal Request Form: You may appeal only if your eligibility denial letter or award letter includes an Appeal Request Form. Ensure all sections are filled out accurately.
2. Gather Supporting Documentation: Provide medical records, employment verification, and any other evidence that strengthens your case.
3. Submit Your Appeal Package: Include the completed form and supporting documents, and submit them within 30 days of receiving your eligibility denial letter or award letter.
4. Attend the Appeal Hearing: In some cases, you may be required to attend a hearing, either virtually or in person, to present your case directly to the VCF panel.

A skilled 9/11 attorney can help you navigate the appeals process, ensuring all deadlines are met and all necessary evidence is submitted, as well as representing you at the appeals hearing.

Filing an Amendment With the VCF 

To file an amendment, follow these steps:

1. Access Your Existing VCF Claim: Log in to your account through the VCF’s online portal.
2. Select the Amendment Option: Choose the appropriate amendment type, such as adding a new health condition or updating your economic loss information.
3. Submit Supporting Documentation: Upload medical records, proof of new diagnoses, employment documents, and any other relevant materials.
4. Await Review: The VCF will review your amendment and notify you of any additional requirements.

Filing an amendment does not affect the compensation you have already received. Instead, it allows you to request additional compensation based on new information.