Hansen & Rosasco, LLP

When you file a claim for compensation with the September 11th Victim Compensation Fund (VCF), you normally have to include documents that demonstrate that each expense is related to one of your eligible conditions. There are some expenses, however, that the VCF will accept without the need to prove a connection to the related condition because they have been determined to be commonly necessary and directly related to a specific 9/11-related condition. These are called presumptively compensable expenses. Because they are "presumptively" eligible for compensation, these expenses are generally accepted without the need for extensive documentation or justification. This can help to streamline the claims process and ensure that claimants receive timely and fair compensation.

The VCF has a number of important rules that govern reimbursement for medical expenses. First, out-of-pocket medical expenses can only be requested for amounts spent before the 9/11 conditions was certified by the WTC Health Program. Second, a request for reimbursement of past medical expenses must be submitted as an amendment after the VCF issues the initial award for non-economic (pain and suffering) losses. Third, the 9/11-related past out-of-pocket expenses must total at least $5,000. 

Over 5,000 people have died from 9/11-related illnesses, including those who worked, lived, and went to school in Lower Manhattan – almost double the number of lives lost on that day. More than two decades after the attacks, the death toll for 9/11 firefighters continues to rise with over 340 members of the New York Fire Department (FDNY) who have now died from 9/11-related illnesses. 

One of the primary factors for the rising death toll is late-onset cancers linked to exposure to toxic substances at Ground Zero, the Pentagon, or the Shanksville, Pennsylvania crash site. 9/11 firefighters face an ongoing threat to their health, with new cases of cancer emerging long after the collapse of the Twin Towers created the cloud of dust and debris that filled the air in lower Manhattan and lingered for almost a year after the attacks. With the increased risk of developing cancer, understanding the various late-onset 9/11 cancers that affect firefighters and how to access ongoing medical monitoring is essential. 

Skin cancer is, by far, the most common cancer certified by the World Trade Center Health Program as related to exposure to the 9/11 toxins, including not only first responders but also anyone who lived, worked, or went to school in lower Manhattan between 9/11 and July 31, 2022.  Non-melanoma skin cancer has been definitively linked to 9/11 exposure in 8,019 responders and 3,159 non-responders such as area workers, residents, and students. The 9/11 toxins have been linked to melanoma of the skin in 878 responders and 460 non-responders, including downtown Manhattan workers, residents, and students. Melanoma and nonmelanoma skin cancers are among the top 10 most common 9/11-related cancers reported among those present in the aftermath of 9/11. 

In 2012, the World Trade Center Health Program recognized malignant neoplasm of the ovary (ovarian cancer) as a 9/11-caused cancer. While this was a landmark finding, much work remains to be done since ovarian cancer remains one of the most challenging cancers to treat, primarily when it is not detected early. Traditionally, the treatment of ovarian cancer involves a combination of surgery and platinum-based chemotherapy, which often affects healthy cells along with cancerous ones, and leads to adverse side effects among patients with ovarian cancer. Furthermore, outcomes for ovarian cancer cases not detected early have been poor, and most patients treated with chemotherapy go on to develop chemo-resistant ovarian cancer. Recent advancements in research and treatment, including more precise chemotherapies and targeted therapies, are providing new hope for patients, including those with an increased risk of ovarian cancer due to toxic exposure like those present in the aftermath of the September 11, 2001 attacks. 

The most common type of ovarian cancer is high-grade serous ovarian adenocarcinoma, accounting for approximately 75% of epithelial ovarian cancers. Clear cell carcinoma is the second most common type of ovarian cancer and is seen in approximately 1 out of 10 women diagnosed with epithelial ovarian cancers. Other less common forms of epithelial ovarian cancer include endometrioid adenocarcinoma, mucinous adenocarcinoma, and low-grade serous carcinoma. Other rare types of ovarian cancer include stromal tumors, germ cell tumors, and small cell cancer of the ovary.

Exposure to the hazardous mix of airborne toxins released from the collapse of the World Trade Center (WTC) – just by living or working in lower Manhattan from 2001 through mid-2002 – has led to a range of health conditions. Among the most common of these are aerodigestive disorders – conditions affecting the respiratory and upper digestive tracts. Currently, 9/11 aerodigestive disorders make up the largest category of certified WTC-related conditions, with over 56,000 WTC Health Program members diagnosed with a 9/11 aerodigestive disorder.  

The September 11th Victim Compensation Fund (VCF) was established by the James Zadroga 9/11 Victim Compensation Act (Zadroga Act) to provide tax-free compensation to people who developed cancer after being exposed to the 9/11 dust between 9/11 and May 30, 2002. If you were present in Lower Manhattan after the attacks and have since received a cancer diagnosis, National Cancer Survivor Month is an excellent time to learn more about how the VCF can support you. 

Navigating the 9/11 VCF appeals process for a denied or unsatisfactory decision from the VCF can be daunting, especially given the short deadline involved. Understanding the appeals process and adopting best practices can significantly improve the outcome of your appeal. When a 9/11 VCF claim is denied or the VCF has made an award that the claimant feels does not fully account for the scope of their losses, this may feel like a huge loss. However, it’s important to remember that this decision is not necessarily a final ruling. The VCF allows claimants to appeal the VCF decision or amend their VCF claim. Here's how you can effectively challenge your VCF decision.

Lung Cancer Screening is available on a yearly basis from the World Trade Center Health Program. 

Lung cancer is one of the deadliest forms of cancer in the United States. Currently, it is the 6th most common “certified” cancer by the World Trade Center Health Program and causes more 9/11-related deaths than almost any other. Unfortunately, Hansen & Rosasco have seen an increase in calls for assistance with 9/11-related lung/bronchus cancer claims. 

After intense lobbying in Congress (including a huge push by our friends at 9/11 Health Watch) to close an unintended gap in the Zadroga Act which denied lifetime health benefits to certain 9/11 hero responders, the  National Defense Authorization Act (NDAA) of 2024, signed by the President on December 22, 2023, has now fixed the problem.

May is Melanoma and Skin Cancer Awareness Month and serves to highlight that Skin Cancer is the most common (by far) cancer suffered by 9/11 victims as a result of the toxic exposure in downtown Manhattan between 9/11 and May 30, 2002. To date, over 10,500 9/11 victims have been “certified” by the World Trade Center Health Program with either Basal cell or Squamous cell carcinomas. In addition, over 1250 9/11 victims have been diagnosed with Melanoma, the deadliest form of skin cancer and the most difficult to treat.