Five Factors That Can Delay Your VCF Award

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.

1. If Your Forms Are Incomplete

One of the most common reasons for delays is submitting incomplete forms. Every section of your VCF claim must be filled out accurately and thoroughly. Missing information or errors can result in the VCF returning the claim for corrections, adding weeks or even months to the process. Thorough and smartly prepared Witness Presence Statements are essential to moving your VCF claim forward in a timely manner. If witnesses are slow to provide their signed statements or fail to respond to a communication from you or your legal team, your claim cannot move forward. Claims will also be delayed (or even denied) if the Witness Presence Statements are not properly completed – either each statement or the statements when compared to other proof or statements – resulting in a 9/11 VCF claim being denied or delayed by many months or even years. 

At Hansen & Rosasco, we actively follow up with witnesses on behalf of our clients. However, when witnesses are unresponsive, we often recommend that clients reach out to their witnesses directly and encourage them to respond promptly. Personal outreach can sometimes encourage quicker responses, minimizing potential delays or the risk of an outright denial. Following up persistently with your witnesses is a simple yet effective way to keep your claim moving forward.

2. If You Don’t Submit All Appropriate Paperwork

Missing documentation is another key factor that can delay your VCF award. The VCF requires substantial supporting evidence to verify eligibility, including proof of presence at a 9/11 exposure zone, medical documentation confirming a certified 9/11-related condition, and proof of economic loss, such as disability records, wage statements, tax returns, union agreements, or other financial records. Failing to include even one required document can delay your claim during the Substantive Eligibility Review process. The VCF will request the missing documents, but your claim will not progress until these are provided. Working closely with a legal team experienced in VCF claims can ensure that your initial submission is complete. They will know exactly which documents are required and help you compile them efficiently.

3. If You Don’t File for Both Economic and Non-Economic Losses

Many claimants focus on either economic or non-economic losses without understanding that they may be eligible for both types of compensation. Economic losses cover income and benefits lost due to your 9/11-related health condition, as well as out-of-pocket medical expenses and other financial-related losses, while non-economic losses compensate for pain and suffering caused by 9/11-related health conditions or the loss of a loved one. When a claimant omits economic or non-economic loss support information or necessary documentation, this can lead to a claim being denied or, at best, additional requests for information from the VCF, slowing the process. A knowledgeable VCF attorney can help ensure a comprehensive and complete claim is filed. They will carefully evaluate your situation to ensure all eligible losses are included in your initial filing. This preparation can save time and ensure that you receive the full, timely compensation you deserve.

4. If You’re Slow to Respond to Requests for More Information

After submitting your claim, the VCF may reach out for additional information or clarification. Delayed responses from claimants can significantly delay the process, as your claim cannot move forward until the requested documents or answers are provided. To ensure you respond to requests in a timely manner, we recommend that you do the following:

• Check your mail and email regularly for VCF communications.
• Respond promptly to any requests for additional documentation.
• Maintain open communication with your legal team to address inquiries quickly.
• Be proactive and organized to help keep your claim on track.
  
  

How Long Does the 9/11 Claims Process Take?

The VCF claims process typically takes 12-18 months from the time a complete claim is submitted to the issuance of a decision. This timeline is determined by the federal government and may vary depending on the complexity of your case and the volume of claims being processed. Additionally, the World Trade Center Health Program’s processing times are currently about 8-10 months.

These timelines highlight the importance of submitting accurate and complete documentation and responding promptly to any requests for additional information. Avoiding common mistakes and delays can significantly expedite your claim. Working with a knowledgeable VCF attorney will help streamline the process and ensure you’re well-prepared to meet these deadlines.

During this period, it’s essential to keep your legal team informed of any changes to your health or financial status. If you begin receiving any type of disability benefits for a certified 9/11-related condition, notify your attorney immediately. Open communication ensures your claim remains on track and minimizes potential delays. If you have questions or updates during the waiting period, don’t hesitate to reach out for assistance.

5. If You Don’t Work with a Seasoned VCF Attorney

Navigating the VCF claims process alone can be confusing and overwhelming. Without the guidance of a seasoned VCF attorney, claimants are more likely to make mistakes or miss critical details that can delay their awards. Experienced VCF attorneys understand the intricacies of the claims process and can help avoid common pitfalls. An attorney can provide assistance with compiling and submitting all required documents, can assist with proactive communication with the VCF to ensure the processing of your claim happens promptly, and can advocate addressing any issues or challenges that arise during the claims process. Ultimately, having professional representation can be invaluable in ensuring a smoother, faster experience.

Consult the Team at Hansen & Rosasco

At Hansen & Rosasco, LLP, we understand the urgency of receiving your VCF award and the frustration that delays can cause. Our dedicated team works tirelessly to streamline the claims process for our clients. From ensuring all necessary documentation is submitted to assisting with gathering your proof of presence and witness statements, we take a proactive approach to help you avoid unnecessary delays.

If you’re struggling with a delayed claim or preparing to file a new one, our experienced attorneys can provide the guidance and support you need. Contact us today for a free consultation, and let us help you secure the compensation you deserve.