Can I Update My VCF Claim if My Condition Worsens?

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: 

• New Conditions or Worsening Health: If you are diagnosed with a new condition related to 9/11 exposure or if an existing condition has substantially worsened since you filed your original claim, you can amend your claim to include this new information.
• Newly Eligible Conditions: Occasionally, the VCF may expand the list of conditions that are considered eligible for compensation. If a condition becomes eligible after you have filed and completed your claim, you can amend your claim to include the new condition. For example, in 2022, the VCF added uterine (endometrial) cancer to the list of 9/11-related health conditions that are eligible for compensation. 
• Work Disability: If you become disabled from work (totally or partially) due to 9/11-related cancer or other conditions, you may be eligible to file an amendment to your claim and receive an award for the economic loss of wages and related benefits, past and future.
• Death of a Claimant: If a claimant passes away due to a 9/11-related cancer or other condition, the family or the representative of the estate can file a new claim on behalf of the estate of the deceased, potentially leading to different compensation amounts or beneficiaries.
  
  

To amend a VCF claim, you generally need to submit the appropriate forms and documentation supporting the changes, new conditions, or new circumstances. It's important to properly prepare the amended correctly since mistakes or the wrong approach will result in the denial of a claim for additional compensation. 

When Can I Update My Claim?

You can update your VCF claim if you experience significant changes in your health, such as a worsening of your certified condition or the development of a new 9/11-related illness that results in additional losses. This often occurs when a claimant was awarded compensation for a non-cancerous condition, but then develops cancer. In addition, if the claimant passes away from a 9/11-related condition, family members or a personal representative may amend the claim. The World Trade Center Health Program (WTCHP) plays a crucial role in the process of amending a claim based on a worsening condition or new condition.

Will I Get A Larger Award If My Condition Worsens?

If your health deteriorates, you may be entitled to receive additional compensation from the VCF, but this is not always the case. When your condition is deemed to have worsened significantly, you can file an amendment seeking more financial compensation. This is particularly true for cases where a presumptively severe and debilitating condition, such as cancer, arises after your initial claim was filed. You may also file an amendment to recover economic losses such as lost earnings and benefits if you were disabled from work due to your 9/11 condition after your original application and award.

In such instances, your compensation award may be adjusted to account for increased medical expenses, lost income, and the overall impact on your quality of life. For example, if your original claim was based on a less severe condition but you are now certified with a 9/11-related cancer, the Special Master overseeing the VCF may increase your award to reflect the more serious nature of your illness. Keep in mind that the VCF will only grant additional compensation if the condition is certified by the WTC Health Program. 

The VCF Claim Update Process

To update your VCF claim, you must file an amendment. The first step is having your new or worsening condition certified by the WTC Health Program. Certification from the program is essential for proving that your condition is related to your 9/11 exposure and to ensure eligibility for additional compensation.

Once your condition is certified, you can file an amendment through the VCF’s online system, through the mail, or by working with a VCF attorney. The amendment should include all necessary medical records and documentation supporting your worsened condition or new diagnosis. If you incurred out-of-pocket medical expenses or suffered increased loss of income due to your condition, these should also be included in the amendment.

The VCF will then review your updated claim and reassess your eligibility for additional compensation. While this process can take time, especially if your new condition is complex, it ensures that you receive the financial support you need if your health changes.

Amendments for deceased claims are more involved and usually require, as the first step, a separate proceeding in the Surrogate’s Court to have an executor or administrator appointed as the representative (a fiduciary) of the deceased’s estate.

Consult an Experienced VCF Attorney

Filing an amendment to a VCF claim can be a complex process, especially for those dealing with 9/11-related health issues that have worsened, or those who have been diagnosed with a new condition. To ensure that your claim is handled correctly and you receive the maximum compensation you’re entitled to, it’s helpful to consult with an experienced 9/11 attorney.

A knowledgeable 9/11 attorney can guide you through the process, from ensuring your new condition is certified by the WTC Health Program to gathering the necessary documentation and filing the amendment. They can also help you understand your rights, especially if you’re facing additional financial burdens due to medical bills, lost wages, or the emotional toll of your illness. With the right legal representation, you can focus on your health while ensuring your VCF claim is updated to reflect your current needs.

If your 9/11-related health condition has worsened, don’t hesitate to reach out for help in seeking additional compensation through the VCF. The dedicated attorneys at Hansen and Rosasco, LLP, have been handling VCF claims and amendments for over twenty years. Contact us today to get started on amending your claim.