Do I Qualify for the WTC Disability Evaluation Process?

If you are disabled from work due to a 9/11 cancer or other serious condition, the September 11th Victim Compensation Fund will make an award of lost earnings, past and future, to compensate you for any loss of earnings and benefits. To make this award, the VCF typically requires a finding of disability, typically by another entity such as the Social Security Administration (e.g., Social Security Disability), the Police and Fire Retirement System (PFRS), NYSLRS or NYCERS, workers’ compensation, or a private disability insurer. 

Some individuals, however, become disabled but do not qualify and are unable to apply to any of these disability systems – a gap in benefits (and determination of disability) that is filled by the VCF disability evaluation process working in conjunction with the World Trade Center Health Program (WTCHP).  If you’re wondering whether you qualify for the WTC Disability Evaluation Process and how it can impact your VCF claim, this guide explains everything you need to know.

What is the WTC Health Program Disability Evaluation Process?

The WTC Health Program Disability Evaluation Process helps determine if an individual’s certified 9/11-related condition has caused a total and permanent disability that prevents them from working. This evaluation is crucial when filing a VCF claim for economic loss, as it supports the calculation of lost earnings due to a certified condition.

The evaluation process involves a medical assessment, which includes a detailed review of medical records, treatment history, and the severity of the certified condition. The WTC Health Program then provides documentation that certifies the individual’s condition and its impact on their ability to work. This evaluation is separate from disability determinations made by Social Security or private insurance. However, the documentation provided through the WTCHP is often a critical component of a successful VCF claim that involves disability.

Who Is Eligible to Be Evaluated?

To qualify for the WTC Disability Evaluation Process, you must meet the following specific eligibility criteria:

• Enrollment in the WTC Health Program: Only individuals who are actively enrolled in the program can undergo the disability evaluation process.
• Certified 9/11-Related Condition: Your condition must be certified by the WTC Health Program as directly related to exposure to toxins following the September 11 attacks. Common conditions include respiratory and lung diseases such as asthma and chronic obstructive pulmonary disease (COPD), over 75 types of cancers, digestive disorders such as GERD, and mental health conditions including PTSD and anxiety. 
• Inability to Work: The evaluation process is designed for individuals whose certified conditions have resulted in total and permanent disability, preventing them from engaging in any meaningful employment.
  
  

If you’re uncertain whether you meet these criteria, a qualified attorney with experience in VCF claims can review your case and help determine your eligibility.

What Steps Do You Need to Take to Be Evaluated?

The WTC Disability Evaluation Process involves several key steps:

1. Verify Enrollment in the WTC Health Program: The first step is to ensure you are enrolled in the WTC Health Program. If you are not yet enrolled, you can submit an application, along with supporting documentation proving your presence in the exposure zone. Once enrolled, you can access no-cost medical monitoring and treatment services.
   
   
2. Obtain Certification of Your Condition: Your health condition must be certified by the WTC Health Program as related to your 9/11 exposure. Certification involves reviewing your medical history, exposure timeline, and diagnostic records.
   
   
3. Work with a Treating Physician: Your treating physician within the WTC Health Program will play a critical role in the evaluation process. They will provide documentation of your condition, assess the impact of your illness on your ability to work, and help prepare the necessary paperwork for the disability evaluation.
   
   
4. Undergo a Disability Determination Assessment: The WTC Health Program evaluates whether your condition constitutes a total and permanent disability. This determination is based on medical evidence, employment history, and functional limitations caused by your illness.
   
   
5. Submit Documentation to the VCF: Once your disability is evaluated and documented, you can include this information in your VCF claim. Supporting documents typically include:
    
   • Certification of your condition.
   • Disability determination forms from the WTC Health Program.
   • Additional records, such as Social Security disability documentation or employment history.
     
     
6. File Your VCF Claim: Include all relevant disability evaluation documents when filing your claim with the VCF. This information will help establish the economic loss caused by your condition and maximize your compensation.

Get Support from an Experienced 9/11 Attorney

Navigating the WTC Disability Evaluation Process and filing a successful VCF claim can be complex. From gathering the required documentation to meeting strict deadlines, it’s easy to feel overwhelmed. Working with an experienced 9/11 attorney can make all the difference.

Here’s how an attorney can help:

• Eligibility Assessment: An experienced VCF attorney can determine if you qualify for the disability evaluation process and VCF compensation.
• Document Preparation: Attorneys ensure all necessary forms and medical records are submitted accurately and on time.
• Claim Maximization: By identifying all eligible economic and non-economic losses, an experienced attorney can help maximize your VCF award.
• Appeals and Advocacy: If your claim is denied or undervalued, an attorney can advocate on your behalf during the appeals process.
  
  

The WTC Disability Evaluation Process is an important step for individuals whose 9/11-related health conditions have resulted in total and permanent disability. By undergoing this evaluation, you can strengthen your VCF claim and receive compensation for the economic and non-economic losses caused by your condition.

If you have questions about the disability evaluation process or need assistance filing a VCF claim, the dedicated team at Hansen & Rosasco, LLP is here to help. Contact us today to discuss your case and take the next steps toward securing the compensation you deserve.