800-887-7299
Are Autoimmune Conditions Eligible for 9/11 VCF Compensation?
As of now, autoimmune conditions are not included on the official list of conditions recognized by the WTCHP. Since WTCHP certification is a prerequisite for filing a VCF claim, this means autoimmune conditions by themselves are not eligible for compensation through the VCF.
For 9/11 first responders and others present in the aftermath of the September 11, 2001 attacks, the question is unique: are autoimmune conditions linked to 9/11 exposure, and if so, do they qualify for benefits under the 9/11 Victim Compensation Fund (VCF)? The dust and debris from the World Trade Center (WTC) site contained a toxic mix of chemicals, heavy metals, and carcinogens. Many responders, downtown Manhattan workers, students, and residents were exposed for weeks and months. While cancers and aerodigestive disorders have been well-documented and are covered under federal programs, autoimmune diseases are not currently recognized by the World Trade Center Health Program (WTCHP) as being related to 9/11, and are not currently eligible for 9/11 VCF compensation.
Here, we explore what is currently known about autoimmune illnesses and their potential link to 9/11 exposure, what medical conditions are and aren't covered by the VCF, and what affected individuals and their families should do to protect their rights.
Autoimmune Illnesses and Their Possible Link to 9/11 Exposure
Autoimmune diseases occur when the body’s immune system mistakenly attacks its own healthy tissues. Common autoimmune conditions include rheumatoid arthritis, lupus, multiple sclerosis, Crohn’s disease, ulcerative colitis, Hashimoto’s thyroiditis, and psoriasis. Symptoms vary but often involve chronic inflammation, joint pain, fatigue, digestive issues, and organ damage.
Scientific research has long suggested that environmental triggers, such as exposure to toxins, heavy metals, or chronic stress, can contribute to the onset or worsening of autoimmune conditions. After the collapse of the Twin Towers, the toxic dust cloud that blanketed the area contained over 2,500 contaminants, including silica, asbestos, polycyclic aromatic hydrocarbons, dioxins, lead, and other harmful chemicals. These substances are known to irritate and disrupt the immune system and are associated with autoimmunity. Additionally, chronic emotional stress with increased stress hormones as well as the physical and mental fatigue experienced by first responders may also trigger an autoimmune response.
Studies funded by the National Institute for Occupational Safety and Health (NIOSH) and other public health agencies have investigated whether exposure at Ground Zero increases the risk of systemic autoimmune diseases. Early data has shown higher rates of autoimmune conditions, particularly rheumatoid arthritis, among responders and survivors as compared to the general population. While these findings suggest a possible association, more research is needed to confirm direct causation.
Are Autoimmune Diseases Covered by the 9/11 Victim Compensation Fund (VCF)?
While autoimmune conditions are not themselves covered by the 9/11 programs, for the many individuals with autoimmune diseases may also suffer from covered conditions, such as 9/11 cancers and aerodigestive disorders, these individuals can pursue compensation for the certified condition.
The VCF is bound by law by the WTCHP’s list of certified conditions. Unless and until autoimmune diseases are added to that list, they cannot be independently compensated.
Ongoing Petitions to Add Autoimmune Conditions to the WTC Health Program
Advocacy groups, survivors, and medical researchers have actively petitioned the WTCHP to include autoimmune conditions on its certified list. The petitions cite the following:
- Data showing higher rates of autoimmune diagnoses in 9/11 survivors compared with the general population.
- Scientific evidence that environmental toxins can alter immune system function.
- Case studies of responders who have developed autoimmune conditions years after exposure.
The WTCHP has a scientific review process in place for considering new conditions. The Scientific/Technical Advisory Committee (STAC) evaluates petitions and research evidence to determine whether there is sufficient basis to add new conditions. While no autoimmune illnesses have yet been added, petitions remain under consideration, and research continues.
What Can 9/11 Survivors Do If They Suffer from Autoimmune Conditions?
Even though autoimmune diseases are not currently covered, survivors and responders should still take these proactive steps to ensure eligibility if autoimmune diseases are later added to the list of covered conditions:
- Enroll in the WTCHP – Even if your condition isn’t covered today, enrollment ensures that you are in the system if your condition becomes eligible in the future.
- Document your exposure – Proof of presence in the 9/11 NYC exposure zone, Pentagon, or Shanksville site between September 11, 2001, and May 30, 2002 is essential. Save records such as utility bills, pay stubs, or witness affidavits.
- Seek medical care – Keep thorough medical records for your autoimmune diagnosis and treatment. This will be necessary if autoimmune conditions are later recognized.
- File claims for covered conditions – If you have any 9/11-certified illnesses (e.g., cancers, GERD, COPD), file a VCF claim for those now. If autoimmune conditions are added to the list of covered conditions, you will be able to file an amendment to your claim at a later date.
Why You Should Still Register with the World Trade Center Health Program – Even If Your Condition Isn’t Covered Yet
Registration with the WTCHP is not only about immediate benefits. It also serves as an insurance policy for the future. While the VCF’s filing deadline has been extended through October 1, 2090, individuals must first register with the WTCHP and get certification that their 9/11-related illness is linked to 9/11 exposure. While there is no specific deadline for certification with the WTCHP, this process can take several months, so it’s crucial to enroll with the WTCHP and get the certification process started as early as possible. VCF claims cannot proceed until certification by the WTCHP has been completed.
By enrolling now, you protect your eligibility if autoimmune diseases are added later, gain access to free monitoring for certified conditions, and ensure your presence in the exposure zone is already documented and verified. Delaying registration could mean missing crucial deadlines, especially considering VCF registration and claim filing deadlines.
To file a claim with the VCF, individuals must meet both the VCF registration deadline and the VCF claim filing deadline. Registration preserves your right to file a claim later, but does not obligate you to file a claim. The registration deadline is not the same for everyone – it is determined by claim type, and varies based on individual circumstances. For most people, registration must be completed within two years of when the WTCHP certifies your 9/11 illness as related to your exposure to the 9/11 toxins. It’s important to note that individuals who are being treated and monitored by the WTCHP are not automatically registered with the VCF.
What Happens If Autoimmune Conditions Are Added to the VCF List Later?
If autoimmune illnesses are eventually recognized by the WTCHP, survivors and responders who have already enrolled will be in the strongest position to benefit. At that point:
- Patients will be able to apply for WTCHP certification of their autoimmune disease.
- Certification will make them eligible for VCF claims covering both economic and non-economic losses.
- Individuals who previously filed claims for other conditions can file amendments to add their autoimmune illness.
Speak with a 9/11 VCF Attorney About Autoimmune Claims
Navigating the complexities of the WTCHP and the VCF can be overwhelming, especially for conditions that are not yet covered. An experienced 9/11 attorney can:
- Guide you through WTCHP enrollment and proof of presence requirements;
- Help you file claims for currently recognized conditions;
- Track ongoing petitions and research about autoimmune illnesses; and
- Assist with amending or appealing claims in the future.
At Hansen & Rosasco, LLP, 9/11 claims are all we do, so we stay up to date on all developments concerning 9/11-related health conditions. Our dedicated team has represented thousands of individuals with VCF claims, helping them secure no-cost medical care and financial compensation for their losses.
Contact our firm today for a free consultation and learn how we can help you prepare for potential future eligibility while securing benefits for any existing certified conditions.
