A Step-By-Step Guide for Filing a Claim with the 9/11 Victim Compensation Fund

What is the September 11th Victim Compensation Fund? 

The VCF is a federal program to provide financial compensation to individuals who were injured or lost loved ones as a result of their presence at one of the sites of the 9/11 terrorist attacks, including all people present (first responders and civilian residents, workers, and students) of lower Manhattan south of Can Street present between 9/11 and May 30, 2002. The VCF provides for both economic and non-economic losses from  9/11-related injury or death to those who qualify.

The filing process for VCF claims can be complicated and difficult to navigate. However, with the help of experienced 9/11 attorneys, individuals and families can successfully file a claim and receive the compensation they are entitled to. Follow this step-by-step guide to see exactly what needs to be done to get your VCF award.

Qualifying for the VCF

In order to be eligible for the VCF, individuals must meet certain criteria, including:

Exposure: Individuals must have been present at one of the attack sites, within the New York City Exposure Zone, or along the routes of debris removal at some point during the period beginning on September 11, 2001, through May 30, 2002. The attack sites include the World Trade Center (WTC) site, the Pentagon site, and the Shanksville, Pennsylvania site. The NYC Exposure Zone is defined as the area in Manhattan south of the line that runs along Canal Street, and (for first responders or those handling the debris) any area related to or along the routes of debris removal, such as barges and Fresh Kills landfill.

Qualifying Condition: An individual must prove that they have a 9/11-related physical injury or condition (such as cancer) and, in most cases, have a “certification” from the World Trade Center Health Program that a 9/11 cancer or other condition is 9/11-related. This includes over 70 types of cancer, gastroesophageal reflux disease (GERD), and various respiratory illnesses including asthma, rhinosinusitis, chronic obstructive pulmonary disorder (COPD), and other related conditions such as sleep apnea. Families of deceased individuals may also be eligible for compensation if the deceased individual died as a result of the attacks or was exposed to the toxic substances by living or working in lower Manhattan on 9/11 or any time during the 8 ½ months after the attacks. The process of establishing a qualifying condition, a step necessary to receive compensation, is often complex since a 9/11 claimant must satisfy the thicket of requirements of the WTC Health Program as detailed in that Program’s Administrative Manual. 

Deadlines: Individuals must meet certain deadlines for registering and submitting a claim. The deadline is that a claim must be registered with the VCF within two years from the date of the last certification issued by the WTC Health Program. If a person was not in the WTC Health Program (as hundreds of thousands are not), either currently or before a person passed away, then it is, in most cases, not too late to register a claim with the VCF. The deadlines and dates can be tricky, but a competent VCF attorney can give you guidance on which deadlines are in your particular case.

Lawsuits: Individuals must dismiss, withdraw, and/or settle any 9/11-related lawsuits by the deadline appropriate to their case.

Steps for Filing a VCF Claim 

In order to file a claim, individuals must follow these steps:

Register with the VCF

Create an account with the VCF online or via phone by the appropriate deadline. Registration is not the same as filing a claim, and there are separate deadlines for each. Registration informs the VCF that you may be a potential claimant. You do not need to be sick or to have been diagnosed or certified with a 9/11-related condition in order to register. The VCF encourages you to register right away. In over 80% of cases, a VCF attorney handles the registration.

Get Your Condition Certified by the WTC Health Program

If you still need to register with or enroll in the World Trade Center Health Program (WTCHP), you can register online or via mail or fax. Your application must include all supporting documentation and a completed signature form signed with ink. The requirements for the WTCHP are similar but can be quite different in many critical issues, than the requirements for the VCF. Work with your VCF attorney to ensure that you have all the necessary documents.  Like the VCF, in the majority of cases, an attorney experienced with 9/11 claims handles registration with the WTCHP. 

Obtain Proof of Presence

You must provide proof that you were present at one of the eligible sites on or after the attack. This can include official personnel rosters, pay stubs, responder dispatch records, worker’s injury reports, photographs, medical records, rental agreements, official governmental documents establishing residence, court orders, school or daycare records, witness presence statements or other documents proving your presence. The VCF has different categories of proof, primary and secondary. Knowing what the VCF will accept as proof – including affidavits that are comprehensive and complete, oftentimes makes the difference whether a claim is denied or approved. 

Gather Medical Records

Gather all medical records relating to your condition and submit them to the VCF. This includes doctor’s notes, prescriptions, lab results, and other medical documents. A qualified attorney can help with this often cumbersome process. 

Obtain All Relevant Documentation

You must submit all relevant documents in order for your claim to be processed, including a completed signature page in ink, a signed “Authorization for Release of Medical Records,” confirmation from the WTCHP that you have at least one physical condition certified for treatment (the VCF will contact the WTCHP directly), “Proof of Presence” documents, “Social Security Administration Consent Form” (required only if you are claiming economic loss) and either a VCF Client Authorization Form or an ACH payment form depending on your situation.

Complete and File All Necessary Legal Forms

The VCF has several other legal forms that must be completed and filed in order for your claim to be processed, including the surrogate court petitions and other court authorizations such as Letters Testamentary or Letters of Administration, which are required for all 9/11 death claims.

Write a Comprehensive Legal Brief

The VCF requires you to submit a legal brief that outlines your argument for compensation. Write a comprehensive legal brief explaining all your economic and non-economic damages and your legal basis for compensation, including advocating for how the damages should be determined.

Review and Submit

Once you have completed all of the required forms and written your legal brief, you should review all of your documents to ensure accuracy. Once you are satisfied with your documents, you can submit them to the VCF for review. The VCF’s Claim Filing Deadline is October 1, 2090, but the VCF encourages you to file your claim after you have been certified by the WTCHP for a 9/11-related physical health condition and as soon as the full scope of your claimed losses are known. 

The Importance of Working with 9/11 Attorneys to File Your VCF Claim

Claimants should consider consulting with 9/11 attorneys to help them navigate the complicated VCF filing process. The amount of your award will be determined by the strength of your case and your ability to provide all the necessary documentation. 9/11 attorneys are knowledgeable about the filing process and can provide legal advice about properly submitting your claim and maximizing your compensation. They can also help you gather the necessary documentation and complete the legal forms required for filing.

Consult the 9/11 Attorneys at Hansen & Rosasco

At Hansen & Rosasco, LLP, our attorneys specialize in 9/11-related claims. Our experienced 9/11 attorneys have successfully represented thousands of individuals and families in their VCF claims. We can provide you with legal advice and help you navigate the claim procedures. Contact us today to learn more about the VCF and how we can help you file your claim.