Hansen & Rosasco, LLP

One of the most important requirements when filing a claim with the 9/11 Victim Compensation Fund (VCF) is proving you were present in the NYC Exposure Zone between September 11, 2001 and May 30, 2002. This step, called proof of presence, is essential for establishing eligibility for compensation. The VCF cannot process your claim without documentation showing that you lived, worked, went to school, volunteered, responded, or were otherwise in the affected area during the months when toxic dust and debris contaminated lower Manhattan. Fortunately, there are several documents that can be used to show your proof of presence. Here, we explain what proof of presence is, who must provide it, what documents the VCF accepts, common challenges, and what you can do if you no longer have proof of presence records.

When a responder, resident, or downtown office or other worker passes away (even if many years ago) or becomes too sick to complete their claim, a spouse, child, or other representative may file a VCF claim on their behalf. While it has been more than two decades since the terrorist attacks of September 11, 2001, thousands of families have lost loved ones to one of the 70+ types of 9/11-linked cancers. Many are also still managing the long-term health consequences their loved ones suffered due to toxic exposure in the NYC Exposure Zone. 

The September 11th Victim Compensation Fund (VCF) has awarded more than $16 billion in compensation to over 70,000 individuals who have suffered from cancer or other health conditions, including payments to families of nearly 7,000 people who have since passed away after their exposure to toxins in New York City, at the Pentagon, and in Shanksville, Pennsylvania. Filing a VCF claim as a personal representative for an estate or someone who is incapacitated involves added complexity, including proving legal authority to proceed, gathering extensive documentation, and meeting strict VCF rules for the estate of the deceased or incapacitated victims. Here, we detail what surviving spouses, children, and other family members need to know to successfully file a VCF claim on behalf of a loved one.

Breast cancer is among the many conditions that are officially recognized as linked to the toxic exposure. In fact, it is the third most common cancer diagnosis among those present in the aftermath of the attacks, with nearly 4,000 individuals certified with 9/11-related breast cancer by the World Trade Center Health Program (WTCHP). These 9/11 breast cancer victims include first responders, cleanup workers, NYC residents, students, downtown civilian workers, and others who were present in Lower Manhattan or other 9/11 exposure zones at any time between 9/11 and May 30, 2002.

As of now, autoimmune conditions are not included on the official list of conditions recognized by the WTCHP. Since WTCHP certification is a prerequisite for filing a VCF claim, this means autoimmune conditions by themselves are not eligible for compensation through the VCF.

While the September 11th Victim Compensation Fund (VCF) has a set of rules for a victim to expedite (speed up) an award, a VCF claim and award can be delayed for several reasons. Understanding the potential factors that can delay your VCF claim can help you navigate the system more efficiently and ensure that you receive your VCF compensation in a timely manner.

The World Trade Center Health Program (WTCHP) has certified as 9/11-related a total of almost 40,000 cases of cancers diagnosed in people who either lived, worked, or responded to the 9/11 attacks any time between 9/11 and mid-2002. The 10 most common cancers certified by the WTC Health Program are: 

Since the terrorist attacks, 9/11-related sarcomas – rare cancers that can affect soft tissue and bone – have been diagnosed in downtown residents, workers, and responders. While sarcomas are rare, anyone who lived, worked, or was otherwise present in lower Manhattan and the surrounding area on 9/11 and into mid-2002 is at an increased risk of developing sarcoma due to exposure to toxic dust, chemicals, and smoke. 

The September 11th Victim Compensation Fund (VCF) allows claims to be amended to seek additional compensation for a variety of reasons.  A VCF claimant can amend their claim for an increased additional award if, among other circumstances: 

In the years since September 11th, an increased risk of developing various cancers, including childhood cancers has been linked to exposure to the aftermath of the World Trade Center (WTC) attacks, as has been highlighted by various studies and medical research. The attacks on September 11, 2001, created a cloud of toxic dust and debris that left a lingering impact on the health of thousands of people who were present during the attacks and in the weeks and months that followed. This is true not only for the first responders and recovery workers who responded to Ground Zero but also for others who were exposed to the aftermath, including children.

Sinusitis has emerged as a significant concern among those who were present in downtown Manhattan after the 9/11 attacks. The link between the 9/11 attacks and the prevalence of sinusitis is clear, as chronic rhinosinusitis remains the top 9/11 condition certified by the World Trade Center Health Program (WTCHP). Sinusitis is a condition that continues to affect the quality of life for many individuals involved in the recovery efforts. Fortunately, help is available. Those who have developed sinusitis as a result of 9/11 exposure may be eligible for no-cost medical monitoring and treatment through the WTCHP, as well as financial compensation for their economic and noneconomic loss through the September 11th Victim Compensation Fund (VCF).