How Long Can My 9/11 Attorney Hold Onto My Award Payment Before Sending It to Me?

When you receive approval for an award from the September 11th Victim Compensation Fund (VCF), you understandably want your payment to come quickly, especially if you have medical bills, lost income, or other expenses caused by your 9/11-related condition. That money, however, does not necessarily reach your attorney right away after your claim is approved and the VCF issues a loss calculation letter. Several steps must take place before any VCF funds arrive and can be disbursed from your attorney’s client account.

Here, we take a look at how the VCF payment process works, how long payment should take, what counts as an unreasonable delay, and what steps you can take if you aren’t receiving your payment when you should.

Understanding How the VCF Payment Process Works

According to recent timelines, the VCF generally takes about a year and a half to decide and make an award on a claim. Once the determination is made, VCF payments are not issued automatically. When the VCF has made an award determination for your claim, the following steps occur:

1. You will receive a loss calculation letter from the VCF notifying you of the amount of your award. 
2. If there is any missing information on your claim that remains (such as full authority from the Surrogate’s court in deceased claims), the VCF will issue a missing information loss calculation letter that lists what is needed to move forward with payment of the award. Any outstanding information must be provided before the VCF can begin processing your payment.
3. Your payment gets processed by the U.S. Department of Justice and the U.S. Treasury Department, which may take up to several weeks. 
4. Once processed, payment is issued electronically. The VCF deposits the client’s award money into the attorney’s escrow account. 
5. The attorney then deducts the 10% legal fees from the VCF award before disbursing the 90% remainder to the claimant.

Note that filing an appeal will not delay the payment process. Furthermore, there are provisions for expedited claims under certain circumstances. Your VCF claim may be expedited if you are experiencing a terminal illness or significant financial hardship.

How the VCF Sends Payments to Claimants and Attorneys

Payments are made via an electronic deposit to a regular checking or savings account.  Payments will be made using the Automated Clearing House (“ACH”) electronic payment system. You will need to complete the “VCF ACH Payment Information Form.” You can download the form, including directions for completing it, or you can request a paper form be mailed to you.

Many VCF law firms’ claimants have an agreement that VCF payments will be made directly to the law firm's escrow account on behalf of the claimant. If you are represented by an attorney and payment on your claim will be made to the law firm’s escrow account, your attorney will ask that you sign a VCF Client Authorization Form allowing the VCF to issue your payment to that account.

How Long Should It Take to Receive Your VCF Award?

Your VCF payment should typically be sent to your attorney’s IOLA/trust bank account within two and a half months from the date of the award letter. The VCF expects attorneys to send your payment to you within 30 days of receiving the funds to their account. Many 9/11 law firms may be able to send payments to their clients even faster. However, some delays may prevent your law firm from sending payments faster. Legitimate delays include:

• Payment of liens, such as for lawsuit advances taken by the claimant 
• Final accounting of expenses if your firm advanced costs on your behalf
  
  

These delays should be communicated clearly to you, with updates and expected timelines.

Attorney Fees and Deductions in VCF Claims

Unlike other personal injury cases, attorney fees in VCF claims are strictly regulated. Your attorney can only charge 10% of your VCF award. This cap applies to all 9/11-related VCF claims.

However, in addition to your attorney’s fees, your attorney may deduct case expenses incurred throughout the claim application process, including fees for:

• Medical record expenses described above if:
  • The expenses consist only of the amount charged by the facility that maintains the records.
  • The records were obtained specifically for the VCF claim, and
  • The claimant/attorney made efforts to limit the request to those records that appeared necessary for the VCF claim.
• Translation expenses to have a document that is substantive to the claim and provided in a language other than English, translated by a certified translator.
• Fees for a certified interpreter to accompany a non-English speaking claimant to a hearing.
• Lien payments 

Your attorney must provide a written accounting that shows the total award, attorney’s fees, expense deductions, and the remaining balance owed to you. 

Get Trusted Legal Help on Your VCF Award Payment From Experienced 9/11 Lawyers

Most 9/11 attorneys act with integrity and disburse client payments quickly. However, if you experience unexplained delays or if you are looking for a 9/11 attorney and want the peace of mind that comes with choosing a firm known for transparency and prompt payment, our team at Hansen & Rosasco, LLP can help.

Our experienced 9/11 lawyers provide:

• Clear communication at every stage of your claim
• Prompt notification when your VCF payment arrives
• Fast, efficient disbursement of your funds
• Accurate accounting of every fee and cost
• Trusted guidance throughout the entire VCF claims process
  
  

If you have questions about your award, your attorney’s responsibilities, or your rights as a VCF claimant, contact Hansen & Rosasco, LLP today for immediate support.