How Spouses and Children Can File a 9/11 VCF Claim on Behalf of Their Loved One

When a responder, resident, or downtown office or other worker passes away (even if many years ago) or becomes too sick to complete their claim, a spouse, child, or other representative may file a VCF claim on their behalf. While it has been more than two decades since the terrorist attacks of September 11, 2001, thousands of families have lost loved ones to one of the 70+ types of 9/11-linked cancers. Many are also still managing the long-term health consequences their loved ones suffered due to toxic exposure in the NYC Exposure Zone. 

The September 11th Victim Compensation Fund (VCF) has awarded more than $16 billion in compensation to over 70,000 individuals who have suffered from cancer or other health conditions, including payments to families of nearly 7,000 people who have since passed away after their exposure to toxins in New York City, at the Pentagon, and in Shanksville, Pennsylvania. Filing a VCF claim as a personal representative for an estate or someone who is incapacitated involves added complexity, including proving legal authority to proceed, gathering extensive documentation, and meeting strict VCF rules for the estate of the deceased or incapacitated victims. Here, we detail what surviving spouses, children, and other family members need to know to successfully file a VCF claim on behalf of a loved one.

When You Can File a VCF Claim for a Loved One

You may file a VCF claim on behalf of your loved one in two main situations:

1. When Your Loved One Passed Away Due to a 9/11-Related Condition: These claims are called deceased claims (i.e., a wrongful death claim). The VCF recognizes many forms of 9/11-related illnesses, including over 70 cancers, aerodigestive conditions, and other covered health conditions certified by the World Trade Center Health Program (WTCHP).
2. When Your Loved One Is Alive but Incapacitated: If a responder or survivor is too ill to complete a claim due to cognitive decline, disability, or severe illness, the VCF allows a personal representative to file a claim for them. In these cases, the VCF still treats the claim as a personal injury claim, but gives a personal representative the legal authority to act on their behalf.

Who Is Eligible to File a Claim on Behalf of Someone Else

Not everyone in the family can automatically file a VCF claim. The VCF requires that the person filing is legally authorized to act for the victim.

Eligible representatives may include:

• A spouse
• An adult child
• A court-appointed executor or administrator
• A legal guardian (for incapacitated survivors)

The VCF follows state law to determine who has priority to act as the personal representative. If there is a will, this means the person named in the will as the executor of the estate of the deceased. If there is no will, the state surrogate court will appoint an administrator, typically the spouse who then acts as the VCF personal representative. If there is no spouse or if the spouse is unable to act, then the surrogate’s court often appoints a child of the deceased. If more than one child wants to be involved, the court can appoint co-administrators and then one of these will act as the personal representative for the VCF claim and be responsible to sign and submit documents.

How to Get Legal Authority to File a VCF Claim for a Loved One

To file a VCF claim on behalf of a deceased or incapacitated loved one, you must prove that you are the legal representative.

• If your loved one is deceased you will need Letters Testamentary (if they had a will) or Letters of Administration (if they did not have a will). These documents are issued by the Surrogate’s Court in New York or the probate court in the state where your loved one lived The VCF will not allow you to file a deceased claim without one of these documents.
• If your loved one is incapacitated you must provide a court order appointing you as guardian, conservator, or legal representative. This ensures you have the legal right to act in the victim’s best interest.

Only the personal representative can file or complete a VCF claim, submit medical and financial documentation, receive communication from the Special Master, and distribute compensation to heirs (in wrongful death cases).

Documents Needed to Support a Family-Filed VCF Claim

Families filing on behalf of a loved one need to provide the same documentation that is required for any VCF claim, plus additional material that is specific to deceased or incapacitated victims.

General documentation for all claims includes:

• Proof of presence in the NYC Exposure Zone
• Medical records establishing a 9/11-related eligible condition
• Proof of certification by the WTC Health Program (or private physician form)
• Identification documents
  
  

Additional documentation required for deceased victims:

• Death certificate
• Letters of Administration or Letters Testamentary
• Proof that the death was caused or contributed to by a 9/11-related health condition
• Prior VCF award letters (if the victim already had a personal injury award)
• Evidence of economic loss, including lost wages and benefits
  
  Additional documentation for incapacitated survivors includes:
  
  
• Court order granting authority (guardian or conservator)
• Medical documentation proving incapacity

The Process for Filing a VCF Claim on Behalf of a Loved One

The VCF filing process typically includes several steps:

1. Register with the VCF: This must be done before the applicable deadline, which depends on when their condition was certified by the WTCHP. If the person passed away or became incapacitated without having been in the WTC Health Program or their cancer was never certified by the WTCHP, the claim can still be filed even if years or decades have gone by since they got sick or passed away. 
2. Establish Legal Authority: Submit probate documents (letters testamentary or administration) or guardianship documentation.
3. Gather Medical Evidence: This includes certification from the WTC Health Program or, if necessary, a private physician form when certification is not possible.
4. Prove Exposure: Submit evidence showing that your loved one was in the NYC Exposure Zone during the relevant time period.
5. Submit Financial Documentation: Provide evidence of earnings, benefits, pension information, and more to support a potential economic loss award.
6. Complete the Claim Form: Completes the VCF’s online claim form, upload required documents, and certify that the information is accurate.
7. Await Review by the VCF Special Master: The Special Master reviews the claim, requests additional information if needed, and issues an award determination.
8. Receive Award & Distribute Compensation: In wrongful death cases, the award is made to the estate, not directly to the spouse or children. The personal representative must distribute funds according to state law or the will.

What Happens if Your Loved One Already Filed a VCF Claim

There are two possible scenarios:

1. They Filed a Personal Injury Claim But Passed Away Before It Was Resolved: The personal representative may complete the claim. Additional wrongful death compensation may be available.
2. They Already Received a Personal Injury Award: Families can still file a separate wrongful death claim for additional pain and suffering damages and additional economic loss related to the death.

How the VCF Calculates and Distributes Compensation

The VCF may provide compensation for both non-economic and economic loss.

For deceased victims, the VCF compensates for non-economic loss including:

• Pain and suffering related to the condition
• Additional loss related to the death

The maximum non-economic loss for cancers is typically $250,000, plus $100,000 for dependent spouses and children.

For economic loss, the VCF may compensate for:

• Lost earnings and pension benefits
• Burial/funeral expenses
• Loss of household services
• Future financial support the victim would have provided

Personal representatives typically receive the award on behalf of the estate. Funds are then distributed to heirs according to the will or state intestacy law.

Common Challenges Families Face When Filing for Someone Else

Filing for someone who has passed away or is incapacitated can be more complicated than filing a typical personal injury claim.

Common challenges include:

• Navigating the probate process
• Proving that the death was caused by a 9/11-related condition
• Missing medical records or exposure documentation
• Understanding VCF deadlines
• Conflicts between surviving family members
• Amending a prior VCF award
• Completing complex economic loss calculations
  
  These issues can delay or jeopardize a claim if not handled correctly.

How an Experienced 9/11 Lawyer Can Help With Your Family’s VCF Claim

While families can file a VCF claim on their own, working with an experienced 9/11 law firm can significantly reduce stress and increase the chance of receiving maximum compensation. A 9/11 attorney can appear in the state courts to handle the court proceedings necessary for the family to obtain Letters of Administration or Letters Testamentary as well as gather medical and exposure evidence and prepare economic loss calculations. An experienced attorney ensures all documentation requirements are met, will file amendments or appeals on your behalf, and help you avoid common mistakes that result in a VCF claim being denied or delayed. Get in touch with the team at Hansen & Rosasco, LLP to learn more.