Is Filing with the VCF More Trouble Than It's Worth?

Filing a successful claim with the September 11th Victim Compensation Fund (VCF) and the World Trade Center Health Program can be complicated.  While the hundreds of pages of laws, regulations, rules and policies, and procedures are complex, completing a successful application with the WTC Health Program leads to the benefit of lifetime (until 2090) 9/11 health care. In addition, once approved by the WTC Health Program and a 9/11-related cancer or other condition is certified as eligible for treatment, you have met the first step required to file a claim for compensation with the VCF, with an award that ranges from $5,000 to $4,000,000. Navigating the sometimes grueling sets of rules that govern these programs is, in most cases, worth the oftentimes difficult process given the peace of mind of having lifetime 9/11-related health coverage and an award of tax-free compensation. It does, however, help to get help. 

Let’s break down what filing a VCF claim involves, what the potential benefits and drawbacks are of filing a claim, and why, for most eligible individuals, filing is absolutely worth it, as it can be essential to securing your financial future and well-being.

Overview of the September 11th Victim Compensation Fund (VCF)

Established by the Zadroga Act and permanently extended through 2090, the Victim Compensation Fund was created to provide financial support for those who suffer from 9/11-related health conditions. The fund compensates eligible individuals for physical harm, economic losses, and non-economic losses such as pain and suffering, caused by 9/11-related health conditions linked to exposure to toxic dust and debris from the World Trade Center (WTC) attacks. This includes a wide range of certified illnesses, such as respiratory issues, aerodigestive disorders, and various types of cancer.

To receive compensation, claimants must meet specific eligibility requirements and deadlines, including proof of presence in the Exposure Zone and certification of their health condition by the World Trade Center Health Program (WTCHP). The NYC Exposure Zone is defined as the area in Manhattan south of the line that runs along Canal Street, and any area related to or along the routes of debris removal, such as barges and Fresh Kills landfill.

The VCF Filing Process

Filing a VCF claim may seem intimidating at first, but breaking it down with the help of the Hansen & Rosasco team can help clarify the steps involved:

1. We’ll register you with the VCF by your individual registration deadline (generally two years from the date of diagnosis or death).
2. We’ll gather supporting documentation such as medical records, proof of presence, and evidence of loss of income.
3. We will help with all necessary forms and applications and be with you for all of the steps necessary to get enrolled in the WTC Health Program and get your 9/11 conditions certified as eligible for lifetime covered medical care. 
4. We’ll submit the claim via the VCF’s online system or by mail.
5. Wait for review– the VCF may request additional documents or clarification.
6. Receive a decision that outlines the award amount or the reason for denial.

Each case is different, and timelines can vary depending on the complexity and completeness of the claim. The process may be time-consuming, but working with an experienced VCF attorney can help expedite the process and avoid delays.

Benefits of Filing a VCF Claim

Despite the paperwork and wait times, filing a claim with the VCF can yield significant benefits, including:

• Financial compensation for economic losses, such as lost wages and benefits, especially for those unable to work due to their condition;
• Tax-free awards for non-economic losses, including pain and suffering;
• Compensation for families who lost a loved one in wrongful death cases; 
• No risk to government benefits– receiving a VCF award will not impact Social Security, disability, or workers’ compensation benefits; and
• No legal fees unless you win– most law firms, including Hansen & Rosasco, LLP, work on a contingent 10% fee.
  
  

Additionally, the VCF has been fully funded by Congress. This means eligible individuals will not miss out due to a lack of funding– there is money set aside specifically to compensate 9/11 victims and their families.

Challenges and Drawbacks in Filing a VCF Claim

Like any government program, filing with the VCF comes with its challenges. Lengthy paperwork and gathering documentation requirements, such as proof of presence and certified medical records, can be time-consuming. Processing delays can be another challenge. Depending on your case complexity, it can take months (or more) to receive an award decision. This is why over 86% of claimants chose to work with an attorney - we can gather documents and submit the claim on your behalf while you focus on your health.

Appeals and amendments may present additional challenges. If a claim is denied or the award is lower than expected, claimants must file additional paperwork to appeal or amend the claim. The legal team at Hansen & Rosasco can appeal or amend for you. 

Additionally, we know the emotional toll of filing a VCF claim may be another drawback. For many individuals, revisiting 9/11-related trauma can make the process more difficult. Fortunately, these challenges are not insurmountable, especially with the assistance of professional guidance. Our compassionate team will walk you through the process and ensure that you receive the support and resources needed to navigate your claim with ease.

How Hansen & Rosasco Can Ease the Burden of Filing a Claim

The legal team at Hansen & Rosasco, LLP has helped thousands of individuals file successful claims with the VCF. With over 20 years of experience, our attorneys understand the system inside and out. Our attorneys can help you determine eligibility based on your work, residence, or presence in the exposure zone. They can gather proof of presence even if traditional documents are unavailable, and ensure WTCHP certification of your 9/11-related health condition. Working with an experienced 9/11 attorney will help maximize your award by documenting all applicable economic and non-economic losses. If your claim is denied or if your condition worsens, our attorneys will handle appeals or amendments for you. By entrusting your claim to an experienced 9/11 attorney, you don’t have to carry the burden of navigating this complex system alone.

Filing with the VCF may seem daunting, but the benefits far outweigh the trouble. If you're living with a 9/11-related condition or lost a loved one due to exposure-related illness, compensation is not just available, it’s your right. With the help of dedicated professionals, filing can be a straightforward process that brings much-needed financial relief and long-overdue acknowledgment of your experience.

Don’t leave compensation on the table. Contact the team at Hansen & Rosasco, LLP today to find out if you qualify and to begin the process of seeking the compensation you deserve.